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Guardianship Lawyer Brooklyn Services: We Make the Complex…Easy
Facts: The need for guardianship attorneys has more than doubled over the past two decades because people are living longer than before.
In Borough Park, Brooklyn, the guardianship process is handled through probate court. The role of the court is to determine if a person is incompetent so that they can appoint a guardian.
Articles that Dictate Guardianship in New York
When it comes to assigning guardianship in New York, different types of laws are used to determine the type of guardianship. Article 81 and Article 17A is the most common.
Article 81 guardianship is used for individuals who were once capable of taking proper care of themselves but later started experiencing functional and cognitive limitations. Such individuals no longer have the ability to make the right decisions due to sudden illness or injury.
Article 17A guardianship on the other hand is used in cases intellectually or developmentally disabled minors are involved. Before attaining 18 years of age, such children remain under the custody of their parents who become their guardians by default.
When such a child reaches 18 years, no one has the legal right to make their financial, medical, and personal decisions. For anyone to make these decisions on their behalf, they need to obtain legal authority through guardianship. This is where article 17A becomes relevant.
Parents and caretakers of developmentally and intellectually disabled children must go through the guardianship process to retain their role as guardians. This process is also governed by Article 17A of the Surrogate’s Court Procedure Act, or SCPA.
Before proceeding with article 81 or 17A guardianship application, individuals must first understand the type of guardianship they would like to apply for. The guidance of an attorney will be required for such individuals before specifying if they want to become guardians over an individual, property, both the individual and property, or limited guardianship.
The requirements of each type of guardianship will vary depending on whether Article 81 or 17A is required in your case. For example, if you are seeking to become a child’s Article 17A guardian, some family members may need to sign waivers that approve you to be appointed as a guardian in court.
In case both parents are alive and one of them seeks the appointment as the guardian, the remaining parent will be required to sign the waiver.
However, the process can be frustrating and complex, especially when the health and well-being of a loved one isn’t so good and you are concerned. This is why you need guardianship lawyer Brooklyn services. At our law firm, we are committed to assisting individuals to plan for the care that they need. We boast of years upon years representing families that need caring and thoughtful advice about their future as well as the future of their loved ones.
A legal guardianship is a recognition that is granted by the court telling the public and granting powers to one person to take care of another, in this case a child that is 18 years or younger. The guardian is usually an adult that is given this mandate to take care of the physical, financial and personal needs of the person.
We are a law firm that has all the information and experience to help you navigate the guardianship of persons in the county. We direct you on what forms you need to collect and help you file them the right way and in time so that you don’t have to hurry. We also tell you the situations when you will need our help, and we make the whole process easy for you.
We have diverse clients, but when it comes to guardianship of the child, our target is the adult that is planning to become the guardian of the person. However, we also work with the parent to the child, the relative or a friend to the decedent that seeks to find a guardian to the person, and then you are in the right place.
We have had contact from persons as well, seeking information and legal guidance on what to do in many situations. We do all this confidentially and professionally.
So, do you need to seek legal guardianship? That is a topic that you can call us and we advice you on. Our lines are always open for consultation and we first assess the situation then use our experience to give you the right advice. If you need our services, then we can go ahead to schedule a meeting that will give us an opportunity to discuss the issue in detail and tell you how we come into the picture.
One of the things that we insist on is the need for an alternative to legal guardianship before you can take up the task. Once we exhaust all the alternatives, we can then delve into the process of coming up with legal guardianships.
As a guardian, you are going to deal with various third parties that include schools, insurance companies, medical facilities and passport offices. If you are new to the country and you need to be a guardian, you will benefit greatly from our services.
Additionally, we discuss your legal responsibilities and give you various considerations that will help you decide whether you are up to the task or not.
What is a Legal Guardianship?
The law requires that in many, nearly all situations, persons need to have an adult that is responsible for their affairs. This makes a lot of sense – you cannot expect a five year old child to choose a school, register himself in it and then open a checking account. You won’t see a kid going to pay bills or applying for social security benefits.
This is when a guardian comes in – to perform the daily tasks that the parent used to do for the kid.
Many people think that the moment you are told by the parent that you are a guardian, then you are officially the guardian of the child. This is a wrong notion. Some people feel that the agreement can be established informally if the parent or another adult signs the agreement stating that the other adult has guardianship over the person. In this state, you can only become a legal guardian when you file the necessary documents with the court, appear in the court hearing and then be appointed the guardian by the judge.
You need to know that once you get appointed as a guardian you need to remain in the position until you are released from the task by the court. This can be the time the person reaches 18 years old, or earlier if the court decides to end the guardianship. The court can determine that you are no longer appropriate as a guardian therefore terminating the guardianship.
One of the biggest burdens that many people complain about is that they believe they will have to go to the court time and again, but this isn’t the case. In fact, once you obtain guardianship, you will have little or no contact with the court afterwards. However, once you become a guardian of the person’s estate, the court will require that you appraise the assets and file any documents that lists what the person owes, as well as coming up with a financial statement periodically. If you are just going to be a guardian without managing the assets, you won’t be forced to report to the court the dealings.
Types of Guardianships
When you come to us for help, you will encounter two types of guardianships – guardianship of the person and guardianship of the assets. Assets in this regard include stocks, money and real estate. As a guardian, you can be named as a guardian to one of the categories or both.
Guardianship of a Person
A guardian to the person has legal custody over the well-being of the person. This means the guardian provides food, money, shelter and health care as well as taking charge of the person’s religious and educational development. In many cases, the person will live with the proposed guardian, who needs to have an establishment (permanent residence) in the state.
Before you get the person out of their home into the residence, you need to obtain a court order of the same.
Guardianship of the Person’s Estate
If the person has been given substantial assets, then it is necessary that a person helps him handle the property. Most of the property that a person gets is via inheritance. You might need to become a guardian of the estate if:
- The person has received, or is set to receive inheritance worth over $5,000 in form of inheritance.
- The person is a named beneficiary of some assets or insurance money, in a situation where an estate plan doesn’t exist.
- The person is entitled to financial benefits, and the agency that needs to dispense the benefits requires guardianship of the estate.
- You were included in the will as a guardian, and the will-maker has passed away.
- A court has determined that the guardianship of the estate is necessary.
When it comes to managing the estate on behalf of the person, you ought to use the assets that you have under the trust to provide a comfortable and suitable support for the person. As a guardian, one of the top roles is to preserve the assets of the estate for the person. You shouldn’t misappropriate the money that you have been given to manage.
The role of our guardianship lawyer Brooklyn team in this case is to assist you become the best guardian for the property. For instance, we guide you on what to do when you are appointed the guardian – first by appraising the person’s property. You also need to file a document that lists all the property that you have been given to handle, and you will possibly be required to attend any court proceeds.
Which is the Right Guardianship for You?
This will depend on the situation, because you might have to choose between being a guardian for the person, the estate or both. Here are the situations that you need to work with to make the perfect choice:
You become a guardian of the person if:
- The person is living with you or will be living in your residence in Borough Park for a long time and you believe that you are supposed to have legal custody.
- You are sure that you can receive benefits on behalf of the person and the agency that gives the benefits requires the need for a guardian, but doesn’t require you to be the estate guardian.
- The health insurance plan requires that you provide legal guardianship before it covers the person.
- You were named the guardian to the person in the decedent’s will, and you intend to have the person come live with you or to take care of their needs.
You become a guardian of the estate if:
- The decedent named you a guardian in the ill, and if there were significant assets left behind for the person and you plan to be an administrator of the assets on behalf of the person.
- The decedent left you with the responsibility of managing the business affairs of the person, and will receive the insurance benefits on behalf of the person.
- The person is entitled to receive some benefits, and yet the agency that is to provide the benefits requires the kid to have a guardian.
- The person is entitled to get property of which a title (vehicle or real estate deed) is required.
- You shall be handling major assets on behalf of the person.
You become a guardian of both the person and the estate if:
- The decedent named you a guardian of the person and the estate in their will, and they left substantial assets to the person and you want to act as the guardian.
Is Legal Guardianship Necessary?
Before you come up and determine that you need a guardianship for a situation, then you ought to know that not all circumstances require guardianship. Many times, guardianships are necessary, but this doesn’t need to be for all circumstances. Let us look at some instances where a guardianship is necessary.
When an Agency Insists for a Guardianship
It is possible that an agency official in Borough Park will ask for guardianship of the person. At times, the official might just ask for a signed authorization form for the task. However, if the person insists, then the following can happen:
- If you find out that the person will be in danger unless there is legal guardianship involved, then you need to take up legal guardianship to make sure you protect this person. If you believe that the person won’t be in danger if you don’t get the legal guardianship, call us to make sure that there is an alternative to what you want.
- If you plan to take care of the person for a long time, then it makes sense that you have a legal guardianship of the person, even if it is not absolutely necessary to do so.
- If the will named you as a guardian of the person and the person has no surviving parent and you plan to take care of them, then you need legal guardianship.
There are some instances when you don’t need to take up legal guardianship, this includes:
- You plan to take care of the kid for just a short time, say, 3 months.
- The person is in a learning institution that takes care of him for a prolonged period of time, say, 9 months a year.
Confident game on the legal field. We will protect you from problems!
Marianna Schwartsman
Ways in Which a Guardianship Lawyer Makes the Process Easier
It is not obligatory to hire a guardianship attorney when filing a guardianship claim. However, there are a lot of legal issues that have a bearing on guardianship claims. These maybe quite weighty for an outsider of the legal profession to comprehend and necessitate hiring a guardianship attorney. The attorney can be very resourceful as their role will help make the process easier in the following ways;
Assist In Formulating the Initial Guardianship Petition
Sometimes petitions are lost only on the grounds of how they are written. You will be wrong to think that preparing a guardianship petition is just any form of writing. There are legal guides and stipulations that the petition has to conform to. A guardianship lawyer will help ease the pains of navigating the legal jargon and complexities that may start right at the petition’s initial preparation.
Help in Meeting Fiduciary Obligations
These obligations are what show that you are acting in the best interest of the ward. This may involve possessing certain documents, sourcing for affidavits, and even witness statements. This can be tedious as guardianship hearings also have a burden of proof of good intentions in petitioning for guardianship.
The guardianship lawyer Brooklyn team can be instrumental in helping you realize the magnitude of the task ahead of you in justifying the guardianship petition. The attorney helps you prepare an inventory of assets, characterize them, and estimate their value.
They also will guide through the process of gathering medical documentation for purposes of proof. All these may have their underlying legal bearings that may introduce complexities that could make it hard for you to navigate without a guardianship attorney’s help.
Educate You about Applicable Guardianship Laws
Having the right documents and information for the guardianship petition is only a piece of the iceberg. There is the entire process of knowing the guardianship laws and specifically screening those that apply to your particular case. Cases require that one understands the right laws to invoke.
This requires one to hire an experienced lawyer who is familiar with guardianship suits. It also requires one to delve into matters of precedent and previous cases. Guardianship lawyers have handled cases, and they can more easily know what cases to site and what rulings to refer in aide of your case. Putting all this on yourself to handle could prove a tall order.
Help Is Guaranteeing the Protection of Assets
Guardianship has the paramount objective of ensuring the safety of assets. This is particularly where a lot of legal strategizing is required and is the one reason that necessitates that you involve a guardianship attorney. You do not want to let the fate of ownership, management, and protection of assets hang in the balance.
The guardianship lawyer knows the points of argument that they can use to advocate for you more than you can advocate for yourself. You need to be able to persuade the court that certain steps have to be taken for the conservation of the ward’s assets. This duty should be placed in the hands of a lawyer who understands that the guardianship suit is about seeing to it that assets are maximally protected.
The time you will take familiarizing yourself with laws, putting together arguments, and understanding how to navigate the legal landscape is saved when this duty is put in the hands of an attorney that is an expert. Again, attorneys know how to handle and deconstruct counter-arguments from contesting parties that oppose your guardianship petition.
Leverage the Guardianship Attorney’s Network
The guardianship attorney is familiar with the legal infrastructure in the locality they operate in. They have personal networks and have a standing in court. Some have earned respect enough and have an authority around them when facing judges and court workers. On your own, you are a stranger and do not even know where to go or who to go to. Starting from anonymity and rising from oblivion to stamp an authority is tedious. Hiring a guardianship attorney makes you benefit from their standing and portfolio. This makes things work easier and faster.
On the whole, a guardianship lawyer is vital in helping you see the bigger picture. One may be too blinded by their intentions and need a reality-check of an expert. A guardianship lawyer helps weigh alternatives, which can save you the cost of inexperience that could have you pursue a lost cause. Yet the benefits of involving a guardianship lawyer are more than these. Ensure you are assured maximum advocacy by hiring one.
Where do we Come In?
While you might not require guardianship lawyer Brooklyn services at all times, there are a few situations that need you to get our help at all times. These include:
- If you have been named as a guardian to a person and someone has contested the guardianship – yes, a guardianship can be contested on different grounds. You also need our services if a relative to the person has tried to remove you after getting named as a guardian. This can be rare, but they do happen.
- If a person has inherited a substantial amount of money and you need to manage them. The need for an adult to perform this task is vital, because you need to understand what you need to do, the forms to file, and how to manage the assets the best way. You need to appraise the assets, file an inventory with the court and make sure you come up with the right reporting system for the court.
- You live in another state, but you want to be a guardian to a person that is in the county. The procedure at this juncture is slightly different and it needs a lawyer that has the expertise to handle the process the right way.
- If you have a person and you realize there are unresolved legal cases, then you need to have a lawyer in tow. These proceedings include divorce, adoption, custody battles, juvenile charges and other proceedings that haven’t been resolved yet.
- You want to become a guardian to a person that is emotionally or physically disabled. In this case, you need a lawyer to help you come up with additional protection measures such as coming up with a special needs trust to protect assets.
Why Choose Our Guardianship Lawyer Brooklyn Services?
Guardianship is established to allow an incapacitated loved one to receive proper care and supervision by an appropriate party. The guardian is often appointed as soon as possible and will be expected to make decisions on behalf of the ward.
In case any assets were left behind as an inheritance to the ward, guardianship will be required before the assets are accessed. In case an individual became incapacitated as a result of the mistake of someone else, a guardian will be needed to ensure that the ward gets compensated accordingly.
When you have a loved one that suffers from a mental or physical disability, you may need to petition for guardianship for them since they can no longer take proper care of themselves in such a condition.
Working with us allows you to make the right legal arrangements that are required to ensure proper support and care for such a loved one. In case there is no established directive such as the Power of Attorney to protect the incapacitated heir’s assets, you can count on us to assist you with the guardianship process.
Choosing our guardianship lawyer Brooklyn practice means choosing a team of guardianship attorneys that understand all the legalities involved in your case. We understand how legal matters can be stressful to your family and are always working overtime to present you with unique representation that answers to your needs.
Several other reasons make most people come to us for assistance in their guardianship issues. Here are some of them:
We Make the Process Shorter
Having been in practice for many years, we have learned several tactics that can make your guardianship proceedings shorter. The process can take longer than necessary if you do not have the right legal information at hand.
Our practice takes the burden of sourcing for the relevant information off your shoulders. We are experienced in preparing the right documents on time and strive towards giving timely notice to any parties involved in the proceedings.
We assist you to file the petition using appropriate paperwork before court deadlines elapse. In case such deadlines are fast approaching but the requisite documents are not ready, we can always help you make fresh arrangements with the court.
We also agree with the fact that you have other needs to cater to. Hiring us grants you the opportunity to take care of these needs. Our primary focus is on saving you a lot of time. With our assistance, you are sure to abide by all the legal regulations relating to guardianship and this will ensure that the process gets completed in time.
We Offer Unparalleled Knowledge and Experience
We possess a unique experience in the field of guardianship, which is very important. The law requires all legal representatives to exercise their duties with a lot of discretion, especially when handling sensitive cases.
It is difficult to obtain such a level of discretion from inexperienced guardianship attorneys. Each of our attorneys has a unique way of establishing what is in the best interest of our clients.
We have served a wide array of clients successfully by preparing their cases based on their specific circumstances. We offer maximum attention and personal care to each client and also take time to prepare them for court hearings.
We offer a unique advantage to you as our client because we have presented numerous cases in most courts around. This experience assures you of a more effective representation before any judge. Only an attorney that understands the law, courts, and judges can offer you satisfactory results during the legal representation.
We Offer Genuine Guidance
If you are seeking a guardianship attorney who cares about how the legal system can impact your family, we are here for you. We stick by your side from the start of the process to the end, or until you find the best solution to your situation.
Our approach to legal matters such as guardianship has earned the attention of many within the region. We customize our processes in a way that ensures you receive the best experience while working with us.
We understand that, like every client, you need personalized attention to your case. We offer you meaningful access to our guardianship lawyers all the time and ensure that your questions are responded to more effectively.
We provide you with quality advice either face to face or over the phone. We offer you a listening ear each time you need it and cultivate both professional and personal relationships with you to better understand your goals and objectives.
We know how critical it is for you to understand what is happening with your case. We foster two-way communication and continually update you with the information, knowledge, and skills required to win your case in the most effective way possible.
We Give Strategic Advice
Our experienced guardianship lawyer Brooklyn team is dedicated to helping you move forward with your life. We work hard to find resolutions within short periods. We assess your needs and come up with tailored guardianship advice that addresses your concerns. Our approaches aim at providing a solution to all your guardianship problems.
We offer detailed plans of action that are easy to follow. Our attorneys are always compassionate about what you are going through. They passionately protect your goals and objectives, including your relationship with other family members.
We possess several years of experience in securing guardianship and conservatorship appointments for our clients in the probate court. Once a loved one loses their ability to make decisions and take care of themselves, we step in to work with the court to put the necessary directives in place.
Guardianship laws keep changing from state to state, and over time. It is imperative to work with a practice like ours that has many years of experience in the probate court. One primary element of planning for a ward involves protecting their assets and this requires specialized advocacy.
We are capable of providing these services and more through strategic activities that are well-thought-out. We take it as our responsibility to convince the court to allow you to preserve the assets of your ward against expenses such as nursing home costs and medical costs.
We Are Detail-oriented
We are keen when it comes to capturing the details of your case. We make you understand the relevant laws associated with your guardianship case. We explain to you clearly how the court process works and how you should get involved in each stage. By doing this, we ensure that you understand everything that is happening.
We focus on getting the best outcome for you. We utilize the best legal resources available to ensure that no stone remains unturned. We work with the most experienced specialists who can provide you with expert opinions in every legal matter associated with your case.
We Help Determine Your Level of Responsibility
Depending on how severe the ward’s condition is, your power as a guardian may only be limited to certain activities that the incapacitated person cannot perform by themselves.
For instance, if a ward is only physically impaired but mentally sound, you may only be allowed to meet their physical needs and be restricted from making certain decisions on their behalf.
To avoid any complications during guardianship, we guide you through the kind of responsibilities you should petition for. We are proactive at securing court appointments and present you with the requirements for such appointments.
We prepare you for any eventualities of your case by presenting you with legal facts associated with your situation. We work with the court and any other professionals appointed by it to obtain the findings of the petition.
We understand that if the court dismisses your loved one as someone who is not incapacitated, you will lose the opportunity of being their guardian. The appointment is often done at the end of the incapacity hearing. As our client, we will do our best to ensure that your petition does not get dismissed by presenting legal facts that indicate the need for your loved one to by you.
We Provide the Best Navigation Tactics
The only way to win a legal case is through understanding who the other interested parties are and what their intentions are. We have learned to conclude our clients’ cases faster by handling uncertainties beforehand.
In case there are other guardianships filed by third parties, we seek to convince the court in your favor and devise tactics that are capable of facilitating a win. We also provide you with proven ways of overcoming any disputes that arise while on course.
Our guardianship lawyer Brooklyn practice easily interacts with probate court staff, including judges. We have the requirements of the court at our fingertips and understand how best to meet these requirements.
We utilize custom strategies for each case to ensure that the situation works to your advantage. Once we study your case, we often seek to identify the best resources needed to handle it.
We understand that legal representation during guardianship goes beyond representing you in court. We continually update our strategies as the case progresses to accommodate any new developments that may contribute to success.
How we work:
Our usual process
Step 1 – Contact
Step 2 – Review and Analysis
Step 3 – Additional Screening
Step 4– Work Ethics
Step 5 – Results
1. Communication with the client.
Every day, our experts are ready to advise you for free!
2. Problem analysis
After providing legal advice and analysis of your documents.
3. Performance of work
The work process of our company’s specialists is based on complete transparency and constant informing of the client.
4. Positive result
After the court has satisfied your claims
5. Your rating, our work
Then we deliver the specified documents to you at a convenient time for you
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Frequently Asked Questions
In the case of permanent guardianship, the guardian takes over every aspect of the child’s well-being. They will make all the important decisions, just like any other guardianship relationship. The difference with this, though, is that the rights of the biological parents are entirely terminated. This means they have no right to make any decisions and even visit the child. The guardians become the new parents to the child.
The guardian will also need to get the biological parents’ consent, as this needs to be presented at the court:
- First, file a petition that shows you have an interest in being a guardian to the child.
- Submit the necessary documents, including the proof of consent from the biologicalparents of the child in question
- The court then does its due diligence, finding out why one is applying for permanent guardianship. They have to be satisfied that this decision will work for the best of the child.
- A final decision is made, and you can sign the necessary documents that make you the child’s permanent guardian, taking over all the responsibilities.
Contested guardianship is a situation where a third party challenges the status of guardianship. This can be during the application stage or when the relatives to the person under guardianship feel like the guardian is not performing their role well.
Relatives can decide that they want someone else to be a guardian of the said person, and in most cases, the court has to revisit the whole process and give a fair ruling. They will revisit the qualifications that one must meet and confirm if their initial assessment was right. With these details, they will know the kind of ruling to make.
If the people contesting provide enough evidence that the guardian is unfit for the role, the court will rule that there be a change or transfer of guardians.
This differs from one state to the other, as the rules that govern guardianship tend to differ in different states. In some places, the process is fast-paced and can take about 30 days. In some, it can take even four months. It takes 30 days when all factors are held constant, where the court does their due diligence and approves the application.
If someone contests the application, then most states will grant temporary guardianship to the ward until the necessary investigation are completed. This is only common in situations where the biological parents did not initially appoint the guardian.
There has to be proof that the child needs permanent guardianship for the courts to intervene in such cases. The court will assess the situation to establish if they should approve the application without the parent’s consent.
Some of these situations include:
- If it is proven that the parents are completely incapacitated and have been confirmed to be unfit to perform their duties.
- If they have abandoned their child without seeking any help, this will be considered negligence.
If the court can prove the above, they can approve the application without the parent’s consent. In some rare cases, the relatives to the child might decide to contest the decision.
Yes, but under very specific circumstances. If a child has assets that have been left to them, for example, by a relative, the court requires that a guardian and not a parent manage these assets.
The reason to this is, parents might end up mishandling the assets since there are no rules that govern or control their relationship with their child. On the other hand, guardianship comes with rules and regulations that are very specific, which will help control the handling of the assets.
When the parent signs up as a guardian, they are bound by some regulations that will hinder them from making wrong decisions concerning the assets. Anything that they do will have to be in the best interest of the child.
In the case of misappropriation of assets/inheritance, the court intervenes, and there is a high likelihood that a new guardian will be appointed to take care of the child.
