What Is A Court Appointed Attorney?
A petition for guardianship is started by way of an Order to Show Cause. The court will then appoint a court evaluator and a court attorney. While the court evaluator’s role is essentially to be a neutral party, the court attorney’s role is to advocate for the alleged incapacitated person. The alleged incapacitated person can choose to hire their own attorney, but if they cannot afford one or they don’t know to do so, the court will appoint one for them.
The court appointed attorney does not have to make a determination whether their client is incapacitated or not, the court appointed attorney has to listen to what the wishes of their client are. Even if the client is completely incapacitated and communicates in a language that nobody can understand, if that person can communicate to the attorney that they don’t want to be in a guardianship proceeding, the attorney has to represent the alleged incapacitated person’s interests.
The court’s job then is to determine, based upon the court appointed attorney’s representation and the court evaluator’s report, whether the individual is incapacitated or not. If they are incapacitated, the court must decide who the right Guardian to appoint for them is. Once they’ve determined who the right guardian is, then they must determine what powers they should give to that guardian.
What Is A Court Appointed Guardian?
If a court can’t find anyone who is suitable to be a Guardian, but they still feel that a Guardian is necessary, then they will appoint an independent Guardian for that individual. The court will appoint an independent Guardian only if they don’t find that the person who is requesting to be the Guardian is qualified for that role, or if they can’t find someone else who is closer to the alleged incapacitated individual to manage their affairs.
For more information on Court Appointed Attorney & 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.
Related Articles:
