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Guardianship Lawyer NYC Services: Professional Handling of Guardianship Cases
Facts: 69 percent of families say that they are concerned about being able to take care of the lifetime needs of their dependents with special needs.
When you have a case that needs our guardianship lawyer NYC skills, we work with you and your loved one to come up with a management plan where all members are informed. We also come up with a personalized strategy that makes sure the needs of the incompetent person are respected and protected all the time. We have handled the issues of guardianship for many families for the past decades.
We take a personal interest in every client, and we have profound sympathy towards any human situation, setting us apart of the impersonal practices that are common.
What is a Guardianship?
This is an arrangement between two people – a guardian (the one given the authority) and a ward (the person that needs help in decision making) for one person to take over the decision making process of another one. This is usually done by the probate court in New York. The guardianship can be over the person or the estate, or both.
A child can live with another adult without the need for a guardianship if the child has the parents’ permission. At times, this form of arrangement is fine, but at times the child needs a formal guardianship because the parents aren’t treating them well. Guardianship for children also works when the parents don’t have enough money to take care of the kid or the parents are incarcerated.
Guardianship Proceedings in New York
When you decide to become a guardian in New York, you are controlled by two articles that have been constituted to handle this process. The one that relates to you in this situation is the SCPA Article 17-A is available for people that are developmentally disabled or intellectually challenged.
The role of the surrogate court is to look at the situation and then come up with a guardian of the person, or if they have property, you can be appointed to be a guardian of the property or both.
Under this article, the court allows someone to be able to make personal, financial and medical decisions for the individual. The article allows multiple guardians to watch over the ward.
Choosing the right person or people that will take care of the kid is a tough decision. Let us look at what you need to look at when making the right decision:
Get a Trusted Family Member
When picking a guardian for your child in Battery Park City, you need to consider a person that is a family member, relative or a friend. Well, it doesn’t matter who you choose among these, all you need to do is make sure that the person you go with is not only willing to be a guardian to the child, but to raise him in the same way that you do.
To make this a success, have a pen and a paper and list all the potential candidates and then consider these questions about each person:
- What is the type of relationship that exists between the child and the person? Do they know each other and do they ever get along?
- How comfortable are you with the values and lifestyle of the person? Can you trust your kids with the person considering their morals and behaviors?
- Will the person be able to take care of the child? Does he have kids of his own, and if so, how are the kids’ health and wellbeing?
- Is the person ready to serve as the guardian to the child? Well, the person you consider might not be willing to serve in this capacity. It is wise that you find out way ahead of time whether the person is willing to take up this role.
- Is the person well-prepared to take up the responsibility of taking care of the kid?
- Does the person have the time to manage the daily activities of the kid? If he is a working person, does he have a person that will stay with the kid? The guardian might place the kid in day care, and if they do, how comfortable are you with this decision?
- How does the proposed guardian think about education? What are the options they give and are you comfortable with this?
- Is the proposed guardian financially secure? Money might not be the ultimate factor in who raises the kid, but it is always ideal to choose candidate who can provide for the kid.
Once you determine the various factors, you need to make time and talk to the person to see whether they are willing to accept this responsibility. Ensure you give the person time to think about their decision. Many parents are hesitant to give away the power immediately to a person, even if the guardian is a brother or a sister. To avoid this, you can give us the signed documents and tell us when to turn the documents over to the guardian.
If you decide to do this, you need to ensure you tell the proposed guardian that they need to contact the lawyer when the time comes.
Types of Guardianships for Children
Here we look at what types of guardianships are available for kids.
There are two types of guardianships that you can adopt for a child. Let us look at them so that you have an idea of what to choose:
Full Guardianship
This type of guardianship is ideal in the following situations:
- If the parental rights for one parent or both of them have been suspended or terminated after the death of the parents, or an absent parent. Confinement in jail or detention also counts as disappearance in this case.
- If the parents or one of them has been found to be mentally incompetent, the court can suspend the rights of the parents to the child.
- The parents can allow the child to reside with someone else.
Full guardianship gives the person the right to handle the affairs of the child just like the biological parents. The guardian can make decisions about where the child resides, the school he attends, and any medical procedures that have to be performed. All these have to be performed in the kids’ best interest. The guardian can give consent for the adoption of the child as well as marriage later on.
Limited Guardianship
A limited guardian has all the powers like a full guardian, but they cannot consent to the adoption or marriage of the child. Only a custodial parent can file a petition to be limited guardians of the child.
The Role of the Probate Court
When it comes to determining the appointment of the guardian, whether limited or full, the petition has to be filed in a probate court. The judge takes time to review the submissions of the various parties and then makes a decision on whom to be the guardian.
The Hearing
After you file and serve the guardianship papers, you as the proposed guardian and the kid must appear at a hearing in front of the probate court judge. Any other interested party can also attend. After all the deliberations, the judge decides whether to agree on the guardianship or not.
Preparing for the Hearing
There are a few things that a proposed guardian can do before the hearing. Here are a few things to prepare:
Send Notices to Relatives, Agencies and Institutions
You need to notify the relatives and agencies before the hearing. This notice needs to be made a few weeks before the hearing date. Failure to do this can lead to the failure or delays in guardianship procedures.
Don’t just send notices, you also need to file proof in court that everyone received the notice.
Organize for the Kids to Attend the Hearing
The kids that you want to be a guardian for must appear at the hearing as well.
Who Is Supposed to Attend the Hearing?
Anyone that has an interest in the guardianship must attend the hearing. These include the children that are looking for a guardian. Additionally the relatives and any interested parties can attend the hearing especially if they have anything to share with the judge.
If you aren’t comfortable attending the proceedings in person, you can appear via video or on phone. However, you need to notify the court about this arrangement several days before the day of the hearing.
The Hearing Date
Take some time and find out when the hearing will take place as well as the courthouse address that you need to go to. If you plan to attend in person make sure that you arrive at the venue at least 30 minutes before the session. This gives you time to pack, get through the security and find the right courtroom.
Before the hearing, the judge appoints an attorney that will respect the wishes of the kids.
During the hearing, the judge asks the proposed guardian questions to determine their eligibility. If the kids are older, they might have to answer a few questions as well. Any person that contests the process will be given time to explain why they are doing so.
After listening to both sides, the judge will decide whether to grant the guardianship or deny it. If the judge decides that he needs to hear more, he might set a later date for the trial so that he can examine any more evidence and listen from witnesses.
Confident game on the legal field. We will protect you from problems!
Marianna Schwartsman
Mistakes to Avoid When Working With a Guardianship Lawyer
Problems in working with professionals often start with the fact that you are an outsider to the law and legal practice. When one looks for a lawyer, and are not lawyers themselves, they may make mistakes. The mistakes may lead to negative outcomes eventually. Disappointment and frustrations may arise when one is dealing with a legal professional such as a guardianship lawyer. Therefore, one needs to understand some of the mistakes that need to be avoided when working with a guardianship lawyer.
Failing To Familiarize With the Basics of Guardianship Law
To be in an excellent position to work well and even guide your guardianship lawyer effectively, knowledge is essential. Acquaint yourself with our guardianship lawyer NYC best practices on guardianship. One can even read about cases and court determinations to know what to expect. This helps in avoiding seeking the services of guardianship lawyers ignorantly. Lack of knowledge makes one vulnerable to manipulation.
Not Asking Questions
You have to aim at understanding and having clarity over the continuing guardianship process. This is by being inquisitive and engaging the guardianship lawyer with some questions. The questions can help give you clarity of the process, options, and potential outcomes. Questioning helps to keep the lawyer in check and makes them understand the seriousness with which you want the process handled.
Being Hands-Off
It is a mistake for you if you have to rely on guardianship lawyers for everything. Leaving everything in the hands of the lawyer may lead to laxity. It leads to failure in capturing your interests and driving them actively all along. You have to be involved fully for the guardianship lawyer to keep your interests foremost.
The lawyers may trivialize certain issues about the process that could be sensitive to the client. This can be averted by the client staying involved and remaining an active player in their own case. You have to be involved in the process of actualizing a client-centric working relationship with the guardianship lawyer.
Trusting the Words of Guardianship Lawyers That Only Promise Positive Outcomes
Part of the mistakes is failing to see the bigger picture in the guardianship process. This can happen when the lawyer only presents favorable elements of the case and creates an illusion of positive expectation. This is as opposed to a lawyer who explains the processes and discusses merit in the facts and presents to the client all the possible facets of the process and their corresponding potential outcomes.
A lawyer that builds up anticipation in you may set up a frustrating eventuality when things do not turn out the way it was expected. Some also use that to gain power over the client and as leverage to rip them off.
Failing To Conduct a Background Check
This is basic since it touches on the ability of the lawyer to deliver. Part of the things you look for is the professional qualification, their history of cases, and specialization in family law, and the number of existing clients they are acting for. A lawyer that is loaded with clients is bound to allocate lesser time and effort to your guardianship process. Be sensitive to how the lawyer handles the case, the quality of service, patience, and dedication. Serious lack of dedication should be a cause of terminating them.
Succumbing To the Pressure of a Guardianship Lawyer to Make Certain Decisions
Even when you are not a legal expert, as a client, once provided with information, you need to trust your instincts. The lawyer should not be pushing you into deciding on matters too quickly or be prevailing on you to make decisions of a certain nature. Do not neglect your instincts and should have the ability to stand your ground, to refuse to decide, or to make decisions that are not the kind that he guardianship lawyer would have preferred.
Not Involving Other People When Working With Your Guardianship Lawyer.
In some of the meetings with the lawyer, involve a friend or relative. This is about ensuring that you have a wider comprehension of the process. You might want a different perspective, a filter alternative comprehension of the lawyer’s work, and overall help in seeing the bigger picture. A third party can help open your eyes in case they feel the lawyer is not serving your interests, yet you remain unsuspecting of them.
To work with us, you have to remain alert. You have to keep your eyes focused and are clear about what you want. One must have knowledge of the basics and understand the nature of the guardianship lawyer they engaged in. This can only happen if these mistakes are avoided.
Why Should You Consider Our Guardianship Lawyer NYC Services?
Guardianship is a term that not only applies to assisting a person who cannot make sound decisions. It also applies to an individual making decisions for personal property or an estate.
A guardian must be legally appointed by the court, which assesses the incapacitated person to determine those decisions that they cannot make on their own.
Although guardianship can be avoided through proper estate planning, it is the process must be carried out as soon as possible once you determine that no power of attorney was left behind by a loved one.
Our firm is conversant with the role of guardianship in estate administration. We obtain our motivation from the fact that with our assistance; several incapacitated individuals end up with the best guardians they could ever get.
We have previously managed cases involving guardianship of individuals, estates as well as general guardianship that involves both individuals and their estates.
We know that the process of adjudicating a ward as incompetent and having you appointed as their guardian can be tiresome. We thus strive to make things easy and less costly for you.
In the event that your case enters guardianship litigation or gets contested, we provide you with the right representation in the courtroom. Without our assistance in the court, such complex matters can several months to get resolved and you may end up spending more than you initially anticipated.
You might be wondering if there is anything unique about our practice that is not common to other law firms. Here are some reasons why you should consider hiring us:
We Offer Quality Work
We recognize that handling the financial and medical affairs of a loved one can be quite overwhelming. During our initial meetings with clients, we have heard several of them explaining how frustrated they are with the entire guardianship process.
Some of our staff have faced the same issues in their families before and understand how demanding things get during this time. We understand how best to show empathy to each of our clients.
As our client, we concentrate on empowering you with well-researched information and insightful techniques. Our guardianship lawyer NYC team is quite competent at listening to clients and professionally communicating their thoughts and ideas.
We take time to assess the quality of our strategies before presenting them to our clients. When required, we work with other professionals such as financial advisors to make sure that all the basics of your case get covered.
We treat every client relationship as a privilege to change lives. We are passionate about what we do and do not rely on theoretical knowledge to offer solutions.
All our guardianship attorneys are conversant with probate court procedures and are familiar with most court personnel. They understand what is expected of them and seek to play their role with the utmost integrity.
We have handled cases in most courts, so you can count on us to represent you with the competency and proficiency that you need.
We Provide the Right Information
We use the initial guardianship consultation to provide you with substantial information about the process and requirements like filing. Once you file a petition for guardianship, the court appoints an attorney to represent the ward during the proceedings.
In representing the ward, the attorney meets up with them together with their close relatives to establish their situation and whether a guardian is needed to assist them.
The attorney also obtains information about the ward’s medical and financial background and presents their findings to the court. In most cases, the attorney may indicate very little need for a guardian. In such cases, the court may be required to carry out further evaluations to assess the capacity of the ward to make independent decisions.
We provide you with the necessary legal information to guide you through these evaluations. The attorney is also required to assess you as the proposed guardian to determine if you have what is required to take care of the ward.
We Know Our Responsibility
In all legal cases, the attorney you work with must understand their responsibility and obligations. Our guardianship lawyer NYC firm understands this and ensures that the attorney you are given to act as an advocate for your interests understands their responsibilities.
We actively participate in your guardianship proceedings until a favorable decision is reached. Although legal policies require us to maintain strict client-attorney relationships, we always go the extra mile in our engagement with you to ensure that we capture all the details of your case.
We do not wait for you to remind us of our assignment. Once you make your initial commitment to hiring us, we take over the process and start guiding you accordingly.
We focus on promoting the objectives of the incapacitated loved one with reasonable diligence. With your permission, we can always engage them and any other family members as a way of determining a clear course for your petition.
We Give You Unlimited Attention
We believe in giving our clients undivided personal attention and services. You do not need to go through numerous secretaries and clerks to speak to our guardianship attorneys. We take time to interact with you and listen to your stories personally so as to build your confidence in our representation.
We are determined to fully understand your legal issues. With many years of experience, we have come to understand that no two guardianship cases are the same. We work tirelessly to craft legal strategies that are customized to each case’s uniqueness.
Our attorneys are committed to advocating for your rights both in and outside the courtroom. We provide compassionate services to everyone that visits our office. We list down your direct needs and fit in your schedule to meet them. W
We provide each client with tools and solutions that have a high possibility of resolving the complications associated with their case. For each case, we start by researching the best legal procedures associated with it before recommending any action points.
We protect your interests all the time. We pride in simplifying difficult guardianship issues. Although we handle several clients at the same time, we have learned not to prioritize certain cases over others. Our mission is to offer you the best counsel that will ensure that your situation gets not only the right solution but also the best.
We Focus on Positive Results
Not only do we focus on your needs and interests but also concentrate on making the outcome of your guardianship positive. Our practice has a track record of winning every case presented to us.
We have received numerous testimonials from some of our clients who came to us with tough guardianship cases but got assisted. Retaining us as your legal firm puts you in the best position to be appointed as your loved one’s guardian.
We are defined by determination. Once you present the details of your case to us, we work diligently to ensure that you get the kind of assistance that you need. We always come up with creative ways of handling hearings should your guardianship be contested in the courtroom. We have mastered the art of channeling the most relevant resources towards each case.
We take advantage of the guidelines associated with guardianship within your state to contest any claims that may arise during the proceedings. We combine these with the firm’s up to date procedures, strategies, and documents to give you a win.
We are confident in our way of doing things. We do not spend time on procedures that are most likely to backfire. We meet your set deadlines and work extra hard not to let you down.
We Ensure things Move Faster
As much as guardianship is an essential process for your family, you do not wish to dwell on it for too long. We facilitate all aspects of the procedure from court filings to collecting the required documents.
We ensure that you have the technical details of the procedure at your fingertips. We follow up with the relevant parties to confirm that each action is completed correctly.
We do not have a specific formula to get things to move faster, but by using our streamlined strategies, you can be sure that the time spent on the proceedings will be reduced significantly.
Our attorneys have mastered the tricks needed to maneuver all complexities associated with each case. We are always mindful of the legalities associated with our actions and the decisions we make concerning your case.
As our client, you do not need to worry about missing any stage of the guardianship process. Our staff will track the status of your case on daily basis and contact you each time your input is required.
Our guardianship lawyer NYC practice specializes in guardianship and our advice is often based on past experience as well as legal knowledge in handling similar matters. We keenly take you through the process and ensure that you do not make any unnecessary emissions that can slow down the process.
How we work:
Our usual process
Step 1 – Contact
Step 2 – Review and Analysis
Step 3 – Additional Screening
Step 4– Work Ethics
Step 5 – Results
Get in Touch
Frequently Asked Questions
This is not mandatory, and is only possible if the child has acquired assets that need to be managed by an adult until when they are of the right age. For one to get guardianship of the minor’s property, they still have to make a different application in court. It would be easier if one worked with a lawyer for guidance.
A lawyer will advise on how to go about the process, the right documents to fill, and to which court to make the application.
Yes, you can. This would be under special circumstances as confirmed by the court. An adult would be an individual who is of legal age, above 18 years. Several reasons can make the court assign a guardian to an adult:
- If the adults have impaired judgment; hence, they cannot make decisions due to drug or substance abuse. Long-term abuse of substances always ends up affecting an individual’s reasoning, and they would most likely need help to make any important life decisions. This when a guardian comes in.
- If the person cannot take care of themselves or afford basic needs, they might need a guardian.
- If the adult is disabled or has a chronic disease that affects their decisions making.
When one gets to the age of 18, they are viewed as adults by the law, which means they can take care of themselves. If this is proven to be difficult by the court of law, they are assigned a guardian.
Minors can receive property from an inheritance from a relative or through an insurance claim. Their guardian does not automatically get to control such property.
There is a specific process that one has to follow:
- Guardian has to apply to the surrogate’s court to be made the guardian to the property.
- For the application, one will need to provide details about the minor, which include their original birth certificate, their social security number if they have any, and the details of the inheritance (could be a will)
- The court will review the application and, if approved, offer the guardian the guardianship to the property.
- From there henceforth, they can manage the property by getting funds for the minor’s use, receiving a monthly statement, etc.
Once the child gets to the age of 18, control of the property is released to them by the guardian.
When one becomes a guardian, it is rarely a permanent relationship. This means that the arrangement has to end at some point, and the guardian will no longer have control over the affairs of the ward.
Some of the things that can lead to this include:
- If the minor dies, it means there is no need for guardianship.
- If the child reaches the legal age of adulthood. In most cases, it is 18, while some states approve this at 21.
- If there is clear proof by the court that the guardian can no longer perform their duties as stipulated in the application. The guardianship is withdrawn, and someone else has to take over the duties.
- In some cases, if the guardian requests to be relieved of the responsibility through the courts. The guardianship is then passed onto someone else.
Different circumstances require one to have a guardian, whether a minor or an adult (under special instances).
- Children whose parents are deceased: Biological parents automatically act as guardians to their children. They make all the important decisions on behalf of their children until they attain adulthood. When both parents die, then any child under 18 will need to be put under a guardian.
- Adults who are aged and cannot take care of themselves: With age, some people lose their memory, suffering from dementia. This makes them not to be able to perform normal tasks expected of them, hence needing a lot of help. Such people are advised to get legal guardians to take care of them.
- Children with cognitive disabilities: This is a child who cannot take care of themselves, and constantly need help performing even the simplest tasks. In such a case, a biological parent applies to be the child’s guardian and names a successor in the application that mentions who takes over after their demise.
