It is common for families to have loved ones who are developmentally delayed or intellectually impaired in some manner. Additionally, families may have a member who is unable to make their own decisions when it comes to financial and personal health and well-being matters.
If you are experiencing a hardship with someone in your family and you think it is time to take over control, guardianship may be appropriate. Our attorney at Randi Karmel, PLLC, has the experience and understanding to help you file for guardianship. We know this can be a difficult decision and it may not always be easy on the family, which is why having an advocate by your side is important. Our New York City guardianship attorneys can help you determine if guardianship is necessary and what kind is best for you.
What is Guardianship?
Guardianship is a legal arrangement in which a court grants someone the legal authority to make decisions for someone who is unable to make their own decisions. The matter is handled by the Family Court, the Supreme Court, or the Surrogate’s Court, depending on the type of guardianship requested and the person over whom guardianship is desired.
There are various types of guardianships that can be awarded for New York Courts, including:
- Guardianship of a child: This is available when the child in question is under the age of 17, not married, and not in the military. The guardianship is temporary and will only last until they turn 18.
- Guardianship of an Incapacitated Adult: This applies to an adult older than 18 who cannot care for their personal needs or manage finances.
- Guardianship of a Disabled Person: If a person has been diagnosed as developmentally disabled or intellectually disabled, then you can bring a petition to the Surrogate’s court to obtain guardianship.
- Guardians Ad Litem: This is only temporary and will be awarded during court proceedings of one case to protect that person’s rights if that cannot appear in court.
Once a guardianship is granted, that person, the guardian, will have a certain amount of control and responsibility for the other person, the ward. The guardian will generally have guardianship over various aspects of the ward’s life including their person and/or property.
Who Can be Awarded Guardianship?
A guardian is a person or organization to whom the court has delegated responsibility for a child’s or person’s care. It may be planned for in the future: for example, if a parent’s sickness worsens and he or she is not expected to be able to continue caring for the kid, a “standby guardian” may be appointed to take responsibility for the child’s care at a later date.
A person can file for guardianship over someone if they are an adult relative or family friend, a child-protective agency, or if the child is over the age of 14, they can petition the court for guardianship to be appointed as guardian or standby guardian of a child.
Contact Our Guardianship Attorneys Today
If you are contemplating filing for guardianship, it is important to discuss the case with an experienced professional. The New York City Guardianship attorney at Randi Karmel, PLLC, is here to help and go through all possible options.
Contact us today, so that we can discuss your case and what is best for your situation. Contact us by filling out the online form or calling 212-755-0224 for our Manhattan office, or 718-923-0877 for our Brooklyn office. We have cases throughout all five boroughs in New York City.