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  • Writer's pictureNicole J. Zuvich

The basics on guardianships in New York

Updated: Sep 27, 2022

Many people in Westbury have an elderly loved one who needs self-care help and help managing their financial affairs and property. In some cases, it is necessary to appoint a guardian to the incapacitated person. The following is a brief overview of guardianship in New York.

Guardians and wards

A guardianship is a legal arrangement in which the court grants the guardian the ability to make decisions on behalf of the ward, if the ward is unable to make decisions themselves. Anyone over age 18 who is a legal resident of the U.S. or who has U.S. citizenship can apply to be a guardian. However, the Judge will make the ultimate decision as to who will serve as guardian. In guardianship cases, the ward must not have the cognitive or communicative ability to make decisions on their own behalf or give informed consent for health care, personal and financial affairs.

Types of guardianship

There are four types of guardianship recognized in New York. The first is guardian of the person. This person is authorized to make life decisions on behalf of the ward. The second is guardian of the property. This person is authorized to handle the ward’s financial affairs. The third is guardianship of the person and property. This person is authorized to make life decisions on behalf of the ward and the ward’s property. The fourth is a guardian ad litem. This person is authorized to act for the ward in court cases.

Learn more about guardianship in New York

Ultimately, this post is for educational purposes only and does not contain legal advice. Those who want to learn more about guardianship are encouraged to explore our firm’s website for further information.

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