Mr. Goodwin is everything you want in an attorney: professional, honest, thorough, and genuinely caring. He always explains things clearly, so I understood exactly what was happening and what to expect next. His attention to detail and persistence really stood out. Looking back, I feel lucky to have found him. He guided me through the whole process expertly, and I deeply appreciate all his hard work. Would definitely recommend him to anyone needing legal help.
We are discussing how to get legal guardianship of an adult in New York City, as an introduction to the process. To get through the guardianship process, most people would need the assistance of a guardianship attorney.
When Adult Guardianship Is Necessary
A person can file for guardianship over an adult when such an adult is incapacitated. An adult is incapacitated if they are:
- Unable to care for their property or personal needs; and
- Likely to suffer harm because they cannot understand the consequences of not being able to care for their property and/or personal needs.
The adult, who is a respondent in an adult guardianship case, is considered an “alleged incapacitated person (AIP).”
Who Can File the Petition for Adult Guardianship
The following can file a petition for adult guardianship:
- The person alleged to be incapacitated
- A presumptive distribute (heir-at-law)
- Executor or administrator of an estate or a trustee of a trust where the AIP is the beneficiary
- A person with whom the AIP resides
- CEO of a facility where AIP is a patient or resident
- Any other person concerned with the AIP’s welfare
Types of Adult Guardianship in New York
New York recognizes four types of guardianship:
- Guardian of the Person. The guardian is responsible for the personal care, medical decisions, housing, food, and other daily needs of the incapacitated person.
- Guardian of the Property. The guardian manages the finances, assets, income, and expenses of the incapacitated person.
- Guardian of the Person and Property. The guardian is responsible both for the child’s personal care and assets.
- Guardian Ad Litem. A guardian ad litem is assigned by a Judge to act for a person during a court case when they cannot defend their rights or protect their own interests.
- The petition for adult guardianship may request to be a guardian of the person, of the property, or of both the person and property.
Where to File the Petition for Adult Guardianship
The petition for adult guardianship is filed with the Supreme Court in the county where the AIP resides.
Steps of Filing for Adult Guardianship in New York
Here is the process of applying for adult guardianship in New York, step by step:
Petition
The first step is to file a petition and the supporting documents with the Supreme Court. If the petition and the supporting documents are complete, an order to show cause is issued to the AIP to appear before the court.
Notice
Notice is given to the following:
- The AIP
- The AIP’s attorney
- The court evaluator
- Spouse, parents, adult children, adult siblings, other persons with whom AIP resides with
- AIP’s agents in POA
- Mental Hygiene Legal Service (if AIP resides in a facility)
- CEO in charge of the facility (if AIP resides in a facility)
- Local Department of Social Services (if AIP is receiving public assistance)
- Any person or organization that has demonstrated genuine interest in promoting the AIP’s best interests
- Other people as the court may direct and as recommended by the court evaluator
Appointment of a Court Evaluator
A court evaluator is appointed to render a report regarding the alleged incapacity of the AIP. The court evaluator then talks to the people close to the AIP and then submits a report with a recommendation. Although the court evaluator’s recommendation is persuasive, there have been times when the court has decided against adopting the court evaluator’s recommendation.
Hearing
Once the court evaluator has submitted the report, a hearing is conducted to determine the AIP’s incapacity. The judge asks questions to the AIP to determine if indeed the AIP is incapacitated.
Decision
The judge then decides on whether a guardian should be appointed for the AIP. If a guardian is appointed, the guardian has to attend training before taking an oath and being designated as the AIP’s guardian. The guardian has to submit an annual report.
Filing for guardianship over an adult can be complicated. Hiring an experienced guardianship lawyer can minimize the risk of committing mistakes which can delay the proceedings. Should you need legal representation, we at the Law Offices of Albert Goodwin are here for you. We are located in Midtown Manhattan in New York City. You can call us at 212-233-1233 or send us an email at [email protected].
About the Author
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].
