Brooklyn Guardianships

Lawyer Helping Brooklyn Residents With Their Estate Planning Needs and Guardianships

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. There are also situations in which there is a conflict among a person whose health has deteriorated and close family members about whether a guardianship is necessary. Disputes can be emotionally challenging. Experienced Brooklyn guardianship attorney Jules Haas can answer your legal questions and help you determine next steps if your family member is potentially in the situation of needing a guardian.

What Are Guardianships?

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 and has an interest in the matter 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 can 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 can 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.

Article 17-A Guardianship

Those over 18 in Brooklyn are assumed to be legally equipped to make their own decisions. However, this situation can be complicated if an adult is intellectually or developmentally disabled and struggles to make their own decisions or cannot care for themselves appropriately. You can ask the King’s County Surrogate’s court to appoint an Article 17-A guardian for someone who will become known as the ward, if a guardianship is put in place; in most cases, the person who asks for a guardianship is a parent or other close family member. The guardianship will protect their interests and make decisions on their behalf, when they are unable to do so for themselves. Some of the conditions that might result in someone needing a guardian are autism, cerebral palsy, and neurological impairments. It’s important to realize that the Article 17-A guardianship is quite restrictive, and there may be less restrictive choices that can help preserve to some extent the intellectually disabled person’s independence and freedom such as a power of attorney or Article 81 guardianship. Article 17-A guardianships are usually used for minors in particular circumstances.

Article 81 Guardianship

Brooklyn adults may become incapacitated or less able to manage their own affairs 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, a 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 the guardianship to also be heard. These proceedings can become complicated when family members compete for appointment of 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 also need to file an initial report about the ward. The guardian will need to file a yearly report with the court as well.

Guardianship Lawyer Serving Brooklyn

For more than 40 years, lawyer Jules Haas has worked with clients to help them seek out and obtain or fight guardianships. Experienced, tenacious, and thorough, he earns his clients’ satisfaction. Contact us at (212) 355-2575 or through our online form.