In New York, there is no binding mechanism to designate a guardian for your child in the event of your disability. You can designate a guardian in your will, but that only works in the event of your death. The best we can do is put together a witnessed letter that states your intent and leave it with the potential guardian you would chose, so that they can present the witnessed letter to the court if the need ever arises. The overarching standard in proceedings for guardianship for children is the best interest of the child.
Albert Goodwin Esq. is a licenced New York attorney with over 17 years of courtroom experience. His extensive knowledge and expertise make him well-qualified to write authoritative articles on a wide range of legal topics. He can be reached at 212-233-1233 or [email protected].
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