In New York, a guardianship is a legal arrangement that allows an individual the authority to make legal, financial, and healthcare decisions on behalf of an individual who can no longer independently manage those decisions. Guardianships are most commonly used for adults with diminished mental capacity due to age or disability. Understanding the different types of guardianships, the appointment process, and who should serve in this role is critical.

What Is Guardianship?

When a person is no longer able to manage personal or financial matters on their own, they may need someone to assist. In this case, a guardian may be appointed. When a guardian is appointed, this person is legally able to take care of these tasks for another person. Usually, a guardian will be appointed for an elderly or disabled adult.

What Does a Guardian Do?

  • A guardian is appointed by the court to make decisions on behalf of another person
  • Guardians can manage healthcare matters, financial decisions, living arrangements, or a combination of these responsibilities
  • These individuals are generally appointed when an adult can no longer safely manage their own affairs
  • New York courts will adjust guardianship powers based on the individual’s specific needs
  • Guardians have a legal obligation to act in the best interests of the individual under the guardianship

Who May Need a Guardian in New York?

In Rockland County, Putnam County, Westchester County, and throughout New York, guardianships may be established when an individual no longer has the ability to manage their personal or financial affairs on their own. Because these matters can vary considerably, the courts will consider guardianship cases on an individual basis.

Common Situations Where Guardianship May Be Necessary

  • An elderly individual experiences Alzheimer’s or dementia
  • An individual who has developmental disabilities
  • An individual who has sustained a traumatic brain injury
  • An individual with severe cognitive impairment
  • Situations related to financial abuse or exploitation of an elderly individual

Types of Guardianships in New York

In the state of New York, a guardian can have responsibility for different aspects of an individual’s life. As such, there are different types of guardianships that the court may appoint.

Guardian of the Person

This individual makes life decisions for a person, including health care, education, and welfare.

Guardian of the Property

This individual handles decisions about the person’s money, investments, and savings. They are obligated to file an annual report about the properties.

Guardian of the Person and Property

This individual is responsible for both life and property decisions.

Guardian Ad Litem

This individual is assigned by a judge to act for an individual during a court case in the event that they cannot defend their rights or protect their own interests.

Who Can Serve as a Guardian in Rockland County?

Under New York law, many individuals may serve as guardians, so long as they meet the legal requirements and have the ability to act in the best interest of the individual they are appointed to oversee.

Basic Guardian Eligibility Requirements

  • Must generally be at least 18 years old
  • Must not have a disqualifying criminal history
  • Must demonstrate the ability to act in a responsible manner
  • Must be capable of managing the assigned duties

Individuals Commonly Selected as Guardians

  • Adult children
  • Spouses
  • Parents
  • Other relatives
  • Close family friends
  • Professional guardians, in certain circumstances

What Should You Consider When Choosing a Guardian in NY?

An individual may wish to choose their own guardian before they are unable to take care of themselves. This can be done through an estate plan that is created when the individual is mentally capable of doing so.

When choosing a guardian, it is crucial to appoint someone who can be trusted to act in another’s best interest and not take advantage of the situation in any way.

If the person in need did not choose a guardian, a family member can attempt to gain guardianship with the help of an estate planning attorney.

Factors to Consider When Selecting a Guardian

  • Trustworthiness
  • Geographic proximity
  • Willingness to serve
  • Comprehension of the individual’s needs
  • Financial responsibility
  • Ability to communicate effectively with healthcare professionals
  • Family dynamics
  • Long-term availability

How Is a Guardian Appointed in Rockland County?

It’s important to understand that the appointment of a guardianship generally requires involvement by the courts, as the courts must first determine if guardianship is necessary and, if so, what powers should be granted.

Depending on the circumstances, guardianship proceedings may occur through the Supreme Court under Article 81 of the Mental Hygiene Law or through other court proceedings involving individuals with diminished capacity or mental disabilities.

General Guardianship Process

  • A petition is filed with the appropriate New York court
  • The court considers medical and financial documentation
  • Interested family members may be notified
  • A court hearing may occur
  • The court will determine if the guardianship is necessary and appropriate
  • If the court appoints a guardian, their responsibilities will be assigned
  • The guardian may need to comply with reporting requirements, if applicable

Contact Our Rockland County Estate Planning Firm

At The Lauterbach Law Firm, we understand how difficult these matters can be to navigate. That is why our team is dedicated to helping you explore your options so you can make the best decision for your needs. When you need help establishing a guardianship or any other estate planning matter, do not hesitate to contact our firm today to learn how we can assist you.