Brooklyn Guardianships

Brooklyn is the most populated borough of New York City. It had 2,648,771 residents in 2017. It is bordered by Queens, and is connected by bridge to Manhattan and Staten Island. Sometimes people in Brooklyn and elsewhere lose the ability to manage their financial affairs or take care of themselves because of an illness, old age, mental incapacity, or another circumstance. In such cases, it may be necessary for loved ones to set up a guardianship for them. Experienced Brooklyn guardianship attorney Jules Haas can answer your questions and help you determine next steps if your family member is potentially in this situation.

Guardianships are arrangements whereby one person is given the power to make decisions for another. The "guardian" is somebody who the court appoints to make critical decisions for someone else who isn't able to make decisions on their own. Anybody who is over 18 and a legal resident or citizen of the United States is eligible to apply to be a guardian, but a judge makes the final decision about whether somebody can be guardian or not. In a guardianship, the "ward" is the person for whom the guardian makes decisions.

A guardianship may be requested for a child. However, it can also be requested for an adult with developmental or cognitive disabilities or psychiatric issues, or for an adult who is incapacitated due to physical infirmities. For example, it might be appropriate to seek a guardianship for your elderly mother if she developed dementia and could no longer handle daily activities or her finances. A guardianship attorney in Brooklyn can evaluate your case and help you determine whether it is reasonable to pursue guardianship.

An Article 17A guardianship is filed in Surrogate's Court to provide a guardian when a child who has certain developmental disabilities needs a legal guardian. The guardianship can cover the child or property, or both the child and property, and often these guardianships are broad, covering all the decisions parents usually make for their children. For example, a guardianship may allow the guardian to make private school payments and also seek out medical care if the child is sick. Often the child will live with a guardian and is over 18 years of age. A certification may need to be provided by two physicians or one physician and one psychologist.

Brooklyn adults may become incapacitated in old age or because they get sick or become injured. When determining the scope of an Article 81 guardianship, the judge will appoint a Court Evaluator to meet with the person who is disabled and investigate whether a guardianship is appropriate. The investigator will also let the court know what specific powers it is appropriate for the guardian to have. For example, the evaluator may determine that funds should be controlled by the guardian and the court. The court will hold a hearing, and a Brooklyn guardianship lawyer can represent you in these proceedings.

In order to get a guardian appointed, someone must petition the court. After this petition is filed, the court will appoint an evaluator to investigate and report back about what the facts and circumstances are, and whether a guardianship is really necessary. Sometimes the court appoints a lawyer for the disabled or incapacitated person. The court will set a hearing. At the hearing the petitioner must present clear and convincing evidence that the proposed ward can't handle certain aspects of daily living or financial affairs. There's an opportunity for anybody who opposes to also be heard. These proceedings can be complicated when family members compete for appointment or a guardian or the guardianship is contested.

Guardians take on an important responsibility in relation to the ward. They will need to complete coursework where their duties will be explained. They will need to file an initial report about the ward. The guardian will need to file a yearly report with the court as well.

For more than 35 years, lawyer Jules Haas has worked with clients to help them seek out or fight guardianships. He's an experienced attorney who is tenacious and thorough. He earns his clients' satisfaction. Contact us at (212) 355-2575 or through our online form.