New York allows adults to file for legal guardianship of other adults who risk harm because they can’t care for themselves independently. Find out how a guardianship lawyer can help you get guardianship of an adult in New York if you have a family member or loved one in this situation.
1. Determine If Your Family Member Qualifies
You can only get guardianship of an adult if the court agrees that the person could be in danger because they can’t care for their personal needs or property. For example, they may have physical or mental disabilities that keep them from paying bills, preparing meals, or seeking necessary medical care. When you file a case, the court refers to the individual as an “alleged incapacitated person.”
2. File the Necessary Paperwork
You’ll start the process by submitting a petition to the County Court or Supreme court in the county where the person lives. You can get the necessary paperwork in person, by phone, or through the state’s online electronic filing system. The petition is a legal document that explains why the person needs a guardian, indicates who it should be, and outlines the reasons for the guardian selection.
You’ll also submit an order to show cause, which asks the court to process the case quickly. It also explains the person’s legal rights and indicates the time and date of the court hearing. Finally, you’ll submit a request for judicial intervention. This document asks the court to assign a judge to your petition. The court requires a processing fee to handle your petition.
3. Serve the Legal Documents
As the petitioner, you’re responsible for officially serving the legal documents to the person involved in the case. You have to give them the petition and the order to show cause either in person, electronically, or by mail.
4. Attend the Hearing
The court will schedule a hearing within 28 days of the date you file your petition. Before the hearing, the court assigns an evaluator to work with the alleged incapacitated person. The evaluator explains the reasons for the petition and makes sure the person understands what happens if the court moves forward with appointing a legal guardian.
At the hearing, you’ll present supporting evidence that shows why the person needs a guardian. You must also prove that the recommended individual is the appropriate guardian. In addition to your testimony, the court evaluator will testify on behalf of the alleged incapacitated person. The judge seeks to make a decision that protects them while providing the least amount of personal restriction.
5. Abide by the Court Decision
The judge will issue a binding decision about whether the person needs a guardian and who will serve. It also indicates whether the guardian will manage the individual’s personal affairs, property, or both. It outlines the guardian’s specific responsibilities and powers and notes an end date for the decision if applicable.
An experienced attorney can help you navigate the process of seeking legal guardianship for an adult. Reach out to the Law Office of Barry M. Goldstein in Queens, NY for assistance.
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