What Is A Guardian?
In order for courts to avoid having to be involved in the day to day activities of individuals who are unable to handle their own affairs, the law provides for the appointment of a Guardian. The Guardian is legally in charge of making sure that everything that person needs is taken care of.
What Kinds Of Powers Are Given To A Guardian?
Guardianship is broken down into two major categories. In New York, there is an Article 17-A Guardian and there is an Article 81 Guardian. An Article 17-A Guardian is generally reserved for the parents of a child who is disabled and is in need of assistance as a child, and that assistance continues past the age of 18. An Article 81 guardianship, on the other hand, is not always for a child. Sometimes a child is the Guardian for the parent, if the parent has become too old to manage their own affairs. Sometimes, it’s for another relative. Less frequently, it can be for a friend.
The types of powers that are granted to the Guardian break down into two different types. The first type of power is under the category of Guardian of the Person, and the second type of power is under the category of Guardian of the Property.
Guardianship of the person means that you can help that individual in dealing with all of their personal and their healthcare needs. If they need assistance in figuring out where to live, shopping, managing their daily affairs of life, or making medical decisions, their Guardian can help them.
Guardianship of a property means management of the person’s finances. This may include buying or selling real estate, managing a check book, paying bills, managing investments, making investment decisions, or deciding whether to put money into a Trust in order to qualify for Medicaid, for instance.
In New York, there is a concept called least restrictive means. Least restrictive means is what we can give away in terms of power that is the least restrictive on the ability of the individual to self-direct. Applications for Guardianship need to be tightly tailored to meet the specific needs of that particular case and to give away the least amount of power.
For more information on Guardianship 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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