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Estate Planning | Elder Law | Special Needs Planning

PROCESS OF ADULT GUARDIANSHIP APPOINTMENT IN NEW YORK

PROCESS OF ADULT GUARDIANSHIP APPOINTMENT IN NEW YORK

If you have an incapacitated adult relative who is unable to provide for his or her own needs, you might be able to have a court appoint you as a guardian in New York. This is often necessary if an elder relative does not have an effective General Durable Power of Attorney. You will need to go to court to be appointed as a guardian of an adult relative, so consider the services of a New York attorney to assist you.

The process of getting guardianship over an adult relative begins by filing a petition with the court requesting that a guardian be appointed. The court then appoints someone to be act as an evaluator. The evaluator investigates the situation to make an independent report to the court whether a guardianship is necessary and whether the person requesting guardianship is an appropriate person to have it.

When the evaluator has compiled his or her report, the court will hold a hearing. At the hearing, the person requesting guardianship must prove by clear and convincing evidence that the guardianship is necessary and that he is an appropriate guardian. The evaluator will present his or her report to the court and other interested parties will have a chance to testify. After hearing the evidence, the court will reach a final decision granting or denying the guardianship request.

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