New York Guardianships are narrowly tailored to fit each incapacitated person’s unique situation. For that reason, every New York guardian’s duties vary on a case to case basis. In most instances, a list of the guardian’s duties can be easily found in the Guardianship Order. Here is a typical list:
- Making sure the incapacitated person is safe;
- Managing the finances of the incapacitated person, including paying bills, collecting assets, making investments, and exercising any financial rights that the incapacitated person would be able to;
- Making healthcare decisions for the incapacitated person;
- Determining where the incapacitated person should live and whether nursing home placement is appropriate;
- Providing the incapacitated person with proper medical care and daily living upkeep, such as cleaning the residence, getting adequate home care, grooming, dressing, bathing, and so forth;
- Petitioning the Family Court for orders of protection if physical abuse is an issue;
- The guardian may also be given the authority to make gifts to reduce estate taxes;
- The guardian may be in charge of taking steps necessary to obtain Medicaid for the incapacitated person;
- The guardian must file annual reports regarding income and disbursements for the incapacitated person;
- Visit the incapacitated person at least 4 times a year;
This list is by no means exhaustive. We strongly urge you to consult your guardianship order for specific duties, and contact a guardianship attorney if you have any doubts or questions.
An experienced estate attorney can help you get appointed as a Guardian in New York City and can assist you with issues that arise in the Guardianship. If you have a question about New York Guardianship, call the Law Offices of Albert Goodwin at (212) 233-1233.
