Suffolk County Guardianship Law
Usually a Guardianship will fall into one of two categories. A Suffolk County Guardianship Lawyer can explain that some cases involve filing for guardianship over adult who is thought to be incapacitated. Other cases involve children, who have parents that can’t raise them for some reason, or are victims of child abuse or have been neglected. In New York, the Supreme Court has jurisdiction over adult Guardianships, and Family Court oversees matters regarding minors. Because these cases affect the personal rights of an individual, it is important that you contact a Suffolk County Guardianship Lawyer right away.
A Suffolk County Family Lawyer can explain to you the usual circumstances where a guardianship should be pursued:
- A person should consider filing for guardianship where it is evident that the individual is unable to handle their own affairs, including their estate and physical well-being.
These matters can come in different forms: voluntary guardianship vs. involuntary guardianship. If the case is regarding an adult, this person would be brought to court by a family member or friend. The court may deem it necessary to evaluate the person, and may bring in a medical doctor for an assessment. If it is found that the Guardianship is warranted, the court-appointed guardian will be granted authority to make decisions on behalf the individual. These decisions could entail matters related to their physical and emotional well-being, their estate, or possibly both. Voluntary guardianships are sometimes seen when the individual is elderly, and their inability to care for themselves is a consequence of old age.
In the New York Courts, a Guardianship over a child works slightly differently. A guardian would be appointed for a minor where it is clear that the child has suffered emotional and/or physical abuse, where their basic needs are not being met, and/or where they have been abandoned by their parents. A court-appointed guardian would be able to step in and assume the decision making processes that the parent would have had. These decisions would include matters regarding food, shelter, medical care and education. If you know of a child in this situation, contact one of our conveniently located offices for a free consultation with a Suffolk County Guardianship Lawyer. We maintain offices throughout the NYC area, as well as Nassau County, Suffolk County, and Westchester County.
Filing for Guardianship over a person is a legally significant Family Law matter and needs to be taken seriously. A Suffolk County Guardianship Lawyer will explain that a guardianship profoundly affects a person’s rights. As such, it is important to move forward with the expertise of a Lawyer to help you navigate the legal system. At Stephen Bilkis & Associates, PLLC we can ease the emotional burden these cases bring and work out the best outcome for your loved one. We can help you with matters involving Guardianship and Conservatorship as well as other Family Law issues concerning Divorce, Child Relocation, Child Support, Adoption Child Visitation or related custody matters. From Manhattan to Long Island, we have Family lawyers ready to help. Call us today at 800.696.9529.