Bronx Guardianships

Experienced Guardianship Lawyer Serving the Bronx

Many people become incapacitated in old age. However, it’s not only the elderly who may lose their capacity to handle their own finances or daily affairs. Young adults also become incapacitated and may need to have a guardianship set up. Whether you need to have a guardian appointed or you are contesting a guardianship, it’s important to seek knowledgeable legal representation by a guardianship lawyer. If your loved one needs this sort of assistance, skillful Bronx guardianship attorney Jules Haas may be able to help you. He has more than forty years of experience handling guardianship matters.

Bronx Guardianships

In a guardianship, somebody known as “the guardian” is provided with the power and authority to make decisions for another person known as the “incapacitated person” or “ward.” To be a guardian to another, you must be at least 18 and a citizen or legal resident. The court has the power to decide whether to allow you to be a guardian to a particular ward. There are two types of guardianships: Article 81 guardianships and Article 17-A guardianships.

Article 81 Guardianships

Elderly and incapacitated people are at greater risk of abuse, exploitation, and self-neglect than others. A knowledgeable guardianship lawyer in the Bronx can help you make sure your loved one is cared for. Under Article 81 of New York’s Mental Hygiene Law, the Supreme Court Guardianship Part in Bronx County can appoint a guardian to handle the financial and personal affairs of someone who can’t manage these matters for himself due to incapacity. These are tailored guardianships whereby certain powers are given to a guardian, while others may remain with the ward. For example, an elderly person may be able to make choices about medical care but be unable to handle daily affairs such as bathing and paying bills.

An incapacitated person in the Bronx may not be able to manage daily living tasks or make medical decisions. They may need someone else to arrange for their bathing, going to the bathroom, getting groceries, getting dressed, and cleaning their house. The court may grant authority to a guardian to obtain live-in care or to perform cleaning. The guardian may have the authority to place the ward in a nursing home or other facility.

When a person is incapacitated in every respect, not only in handling daily affairs, but also when making financial decisions the court may grant the power to make all decisions to a guardian, including where an incapacitated person should live. When someone’s incapacity extends to financial affairs, the guardian appointed by the court may be given the power to gather together property, pay the ward’s bills, invest, and make other financial decisions for the ward.

Sadly, there are situations in which an incapacitated person is abused by those whom he trusts the most, such as family members. Guardians can be appointed to stop physical abuse or financial exploitation. This may be through the power to place the ward in a nursing home or the capacity to apply for an order or injunction to stop the abuse, which a Bronx guardianship attorney can help you pursue. A guardianship attorney may be able to stop an eviction or foreclosure.

Article 81 guardianships are created through the filing of a petition that states a prima facie case for guardianship and incorporates information about the alleged incapacitated person’s functional level and ability to take care of daily living activities. Under MHL 81.02(b), clear and convincing evidence must be presented for the court to determine someone is incapacitated.

Article 17-A Guardianships

It’s assumed in New York that if somebody turns 18-years-old he or she is legally competent to make decisions for himself or herself. However, if the person is intellectually disabled or developmentally disabled and is over 18, it is possible to request that the Bronx Surrogate’s Court appoint a guardian under Article 17-A. It’s a different kind of guardianship from Article 81 in that the court has less ability to tailor the guardian’s powers according to the ward’s abilities. A guardianship limits a person’s legal right to make decisions over her own affairs and authorizes the guardian to have power over the person.

Children whose parents have died or are unable to care for them may need a guardian. When someone who is under age 18 has inherited more than $10,000, an Article 17-A guardianship may be sought in the Surrogate’s Court.

Consult a Skillful Guardianship Attorney in the Bronx

It’s important to choose the right person to be a guardian for a person unable to care for their own needs. However, sometimes disputes come up during the guardianship proceeding such as disagreements about who should serve as a guardian or even disagreements about whether an allegedly incapacitated person is in fact unable to take care of basic personal or financial affairs. Whether all parties agree that a guardian should be appointed or the guardianship is contested, it can be important to seek knowledgeable legal counsel. Lawyer Jules Haas has worked with clients for over 40 years, assisting them with obtaining or fending off guardianships. His tenacity and thoroughness, as well as his significant experience, has allowed him to earn client satisfaction in connection with these and other matters. Contact him at (212) 355-2575 or through our online form.