How Do I Begin The Process To Be Appointed A Guardian?
Legal rights of guardianship in New York are ordered through the Supreme Court. You must go before a judge and petition the court. Frist, you file something called an Order to Show Cause, which is a Petition to have an individual named as a Guardian. The individual who needs a Guardian can be the Petitioner. This commonly happens in the case of someone who is getting older and experiencing a decline in their health. In a case where an individual doesn’t have the capacity to make a decision, or in the case where a person doesn’t believe that they need a Guardian, the person who is intending to be the Guardian will be the Petitioner.
What Is A Court Appointed Evaluator?
During a guardianship proceeding, an Order to Show Cause is filed to direct that anyone that objects should show cause why the relief that the Petitioner is requesting should not be granted. There are several people who are appointed by the court to determine whether the relief should be granted, and one is known as the court evaluator. The court evaluator is a neutral party. This person is usually an attorney, and their job is to evaluate the situation. They will interview the alleged incapacitated individual, the guardian, and family members. They will look at the finances and possibly medical records.
The court evaluator will then produce a report. The report will tell the court their findings with regard to whether they think the individual has capacity or not, what the person is capable of doing, what the various interests of the Guardian might be, whether there is a conflict of interests, or whether the interests align. The court often puts a lot of weight on the court evaluator’s report, although it’s not definitive, and it can be rebutted.
For more information on Appointment of Guardian in Long Island, Nassau County and Suffolk County, a free initial Phone consultation is your next best step. Get the information and legal answers you are seeking by calling (516) 806-0762 today.
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