What Are Guardianships?
Guardianship is a legally recognized status that refers to one person possessing the legal authority to make personal and financial decisions for another person. A court evaluates a petition for guardianship and, if everything is in order, grants guardianship status to the petitioner. The person someone becomes the guardian for is called the “Ward.” Usually, the Ward is a child, but sometimes the ward can be an adult. There are also situations where one obtains guardianship over an estate or property.
Most of the time, guardianship becomes necessary when the protected person is not able to make decisions on his or her own (more on that below). The guardian becomes financially responsible for the care and protection of the ward, though the guardian usually does not assume responsibility for paying the ward’s debts from his or her own assets. In guardianship, the protected person may lose rights over matters such as determining where to live, giving consent to medical treatments, making end-of-life decisions, selling/buying/managing property, and more.
Because the protected person may lose certain rights, it’s often a good idea to explore alternatives first unless guardianship is the only answer. Some of those alternatives include managed care, health care surrogacy, trusts, powers of attorney, and living wills. A good attorney will go over such options that are applicable.
In cases where the protected person is an adult, guardianship usually lasts until the death of that person, but there are situations where the protected person may seek restoration of rights at some point.
Rebecca handles proceedings to establish a guardian for adults who are alleged to incapacitated under Article 81 of the Mental Hygiene Law and proceedings under Article 17-A of the Surrogate's Court Procedure Act to appoint guardians for an individual diagnosed with an intellectual or developmental disability prior to the age of 17.
Why Would You Need a Guardianship?
There are many situations that might call for guardianship for an adult as a solution. Following are three of the most common.
An adult has become mentally incapacitated or incompetent.
When guardianship is necessary for an adult, this is the most common reason. If the person in question did not have legal arrangements prior to the incapacitation, guardianship is probably going to be the only available option. Of course, to protect the ward-to-be, a court will require proof of incapacitation or incompetence as well as other requirements as to the rights and interests of that person.
An adult is experiencing some type of diminished functioning.
A type of limited guardianship often results in this instance so that the protected person retains as many rights as possible but receives assistance where it’s needed. One good example of this is a child who becomes a legal adult but has been diagnosed with an intellectual or developmental disability. This individual may be capable of managing most things on his or her own but may need dedicated assistance for particular things.
An adult is a danger to himself or herself.
This can be a very complicated one, but here is one example: an adult’s drug or alcohol addiction is so severe that the person represents an imminent threat to his or her own life and well-being and cannot be trusted to make rational decisions on his or her own, so the parents seek guardianship. Such a situation is also a good example of a case where the ward may be able to obtain restoration of rights at a later time.
Why Hire Rebecca Valk As Your Guardianship Attorney?
A graduate of the law school at St. John’s University here in New York, Rebecca knows guardianship law in and out. She will diligently represent the would-be ward’s rights and interests, and she can also represent the person seeking guardianship and guide him or her through the process, ensuring everything is done properly.
For parents worried about their a child that has intellectual or developmental disabilities, Rebecca can help examine and evaluate alternatives in advance or legally establish preferred guardinship so that their children never end up caught in a limbo of lengthy court proceedings and uncertainty.
The same applies to adults thinking of their own best interests. If you become incapacitated, it’s too late for you to safeguard your wishes, interests, and preferences the way you prefer. Rebecca can help you with power of attorney and other options that will give you more control.
No matter which end you or your loved one is on, the process of granting guardianship is not something you want to deal with in a time of crisis when emotions are running high. Sometimes crisis and tragedy can’t be avoided, but when there’s time to plan ahead, it’s smart to take advantage of that to avoid painful, expensive headaches later on.
If you are seeking guardianship, if you or a loved one might be the subject of a guardianship petition, or if you want to start planning in advance, please contact the Law Office of Rebecca A. Valk office for a consultation.