There are different types of guardianship and guardianship law can be a difficult and emotionally charged area for everyone who is involved.
Guardianship of Someone with Special Needs
One area of guardianship law is regarding someone who has special needs and is not able to make decisions for themselves. These people will need care for all of their lives and will also need someone who can make financial and legal decisions. This role is often filled by a parent, but sometimes a parent passes away or is deemed not to be fit to be their legal guardian.
Sometimes, the individual with special needs will want to advocate for themselves when they become an adult, which will require a court to determine if they are capable of self advocating.
Guardianship of an Elderly Spouse or Parent
Another area of guardianship law concerns the elderly. Sometimes an elderly spouse or parent becomes incapacitated and you need to qualify as their legal guardian.
Other times someone who is elderly needs to prove that they are able to care for themselves when a family member or third party tries to declare that person as incapcitated.
Guardianship of an Allegedly Incapacitated Person
An Allegedly Incapacated Person (AIP) is the legal designation used for a person who is determined to need a guardian for financial and health decisions because they are no longer able to care for themselves.
New York law dictates that a hearing must occur so the fitness of the potential AIP and the petition to be the AIP’s legal guardian.
This means that even if you file to become a loved one’s guardian you may not be determined fit to act in that capacity or the court may determine the person is capable of advocating for themselves and doesn’t need a guardian.
New York Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act
This important amendment to the New York Mental Hygiene Law covers issues where multiple states are involved in a guardianship case. If your spouse or loved one is residents of two or more states, you may need to understand the New York Uniform Adult Guardianship and Protective Proceedings Act and how it applies to your personal situation.
New York Guardianship Law
If you are trying to become the legal guardian of a loved one in New York state, or if you are trying to fight a petition for guardianship and need to prove that you are capable of caring for yourself, you need an attorney who has intimate understanding of New York Guardianship Law .
The staff at the Law Offices of Barton P. Levine is caring and compassionate when it comes to the area of guardianship law. We can help in areas of guardianship of your elderly loved ones and special needs children. We can help you throughout the guardianship process.