Guardianship

Guardianship Attorney in Suffolk County, NY

There will come a time when we and our loved ones won’t work and think like we used to. In those times, our loved ones would need assistance in doing their day-to-day tasks, understanding complicated concepts, and making decisions. For situations like this, a disabled loved one needs to be put under a guardianship.

A guardianship is defined as appointing a guardian to oversee affairs for an incapacitated loved one and a guardianship attorney is necessary for smoothening out the process of which. A guardian can be a family member or a state employee.

A guardianship attorney can guide families and guardians on their roles and responsibilities. Since this falls under estate planning, trust a Suffolk County guardianship attorney to be well-versed in other fields involving estates such as wills and trusts and last will and testaments along with family law and divorce matters. 

Donato Law offers personalized legal services that can help you navigate and handle guardianship matters. The law firm’s commitment to honesty, integrity, and loyalty helps them take on a more compassionate role in their clients’ cases that include very complicated situations, such as estate planning. Donato Law helps with a multitude of estate planning concerns from drafting wills to property distribution. 

Are you in need of guardianship services? Is a loved one incapacitated? Look no further. Get in touch with a Suffolk County guardianship attorney right now. An attorney can explain the legal authority that comes with being a guardian along with their responsibilities of dealing with personal, financial, and medical issues. Schedule an appointment with a guardianship lawyer now!

Why do I need a Guardianship Attorney in New York?

Being appointed as a guardian comes with pretty serious duties and responsibilities. After all, if you have been appointed as a guardian, you will be in charge of making serious financial and personal decisions on behalf of the incapacitated. 

Technically, it will be your job to ensure that the incapacitated person’s assets are protected and that their futures are secured, along with having their loved ones provided for. 

Other states pertain to guardianship proceedings as a conservatorship. An attorney explains to the appointed guardian their duties, making them aware of their authority on the incapacitated person’s estate. 

They will also be informed that they are in charge of personal, financial, and medical matters. An attorney will also help one understand alternatives to guardianships such as a durable power of attorney and a health care proxy. 

The estate planning process can be tricky to navigate, so having a guardianship attorney by your side is a great plus. A guardianship attorney who is also well-versed in the practice of estate planning can guide you in creating essential documents along with legal assistance that can help preserve the legacy of your family.

 

 

What is Guardianship?

A guardianship is established by the courts as a relationship that enables a qualified individual called a guardian to make decisions for an individual who is incapacitated, known as a ward. The ward in this case is unable to make sound decisions due to age, illness, or cognitive incompetence. 

Most popular issues on why an individual needs a guardianship include not being able to make their own decisions especially when dealing with an illness such as dementia or Alzheimer’s which alters their state of mind. A guardian can also help a senior citizen pay their bills, collect their mail, and go to their appointments. 

Guardianship also entails safeguarding the ward’s assets and ensuring that their loved ones are provided for in the future. 

Who Can Be A Guardian?

A person chosen for a guardianship role will still need to be legally appointed by the probate court judge who will consider the ward’s needs and decide on the eligibility of an adult guardian. Several factors can count for disqualification , including:

• The person has filed a bankruptcy in the last 7 years
• The person is guilty of a crime against another individual such as domestic abuse, neglect, etc. 
• The person has been convicted of a felony. 

There are instances wherein multiple people want to take the role of a guardian. However, before this can be done, multiple factors still have to come into play including the ward’s preference and human protective services preferences. In the event that no one is interested in being a guardian, the judge can appoint a state employee. 

How Long Does A Guardianship Last? 

The type of legal guardianship is what dictates the duration of a guardianship. The types include conservatorship, testamentary guardianship, temporary guardianship, testamentary guardianship, and limited guardianship. 

• Temporary guardianships end when the purpose has been fulfilled such as when a delinquent parent gets out of prison. 
• Testamentary guardianships end when the child reaches 18
• Limited guardianships are usually needed for years especially when the ward is ill or incapacitated. 

In some states, death is the way to terminate the guardianship. Certain state laws mandate that guardianships end upon the ward’s death. However, the court requires the guardian to file a final report that formally records the guardianship termination. 

How Does One Establish and Fulfill Guardianships?

Most court proceedings are complicated and establishing guardianships is no different. The law on guardianships varies from state to state, which is why it is vital to have a guardianship attorney when faced with this situation. Upon deciding who the legal guardian will be, one needs to gather documents and file forms.  

The moment an individual is delegated as a guardian, that person must have the ward’s best interest in mind. The guardians’ duties include reporting to the court, and completing required forms. 

A guardianship attorney in Suffolk County can help you review documents and equip you with knowledge on guardianships to fulfill your duties properly. 

Call our Guardianship Attorney Now!

Guardianship is delegating a guardian by the judge of a probate court to a ward. A ward can be someone who is underage, an elder, or a physically or mentally incapacitated person suffering from an illness. Depending on the kind of guardianship you have, it can last from a few years to a lifetime. 

When appointed a guardian by the probate court, don’t go through it alone. Get in touch with a Suffolk County guardianship attorney from Donato Law. A family law attorney can help you gather and review the necessary documents and guide you in terms of guardianships so you can fulfill your duties in the best way possible. 

Schedule an appointment with Donato Law now!