Bronx Guardianships

Estate Planning Lawyer Serving the Bronx

The Bronx is a borough in New York City. Its population of 1,471,160 fits into an area of 42 square miles. Statistical reports have shown 9.4% of the 463,212 households in the Bronx having someone age 65 or older living alone. However, it’s not only the elderly who may lose their capacity to handle their own finances or daily affairs. Children and those who become incapacitated may also need to have a guardianship set up. If your loved one is in need of this sort of assistance, skillful Bronx guardianship attorney Jules Haas may be able to help you.

Bronx Guardianships

In a guardianship, somebody known as “the guardian” is provided with the power and authority to make decisions for another person known as the “incapacitated person” or “ward.” You must be at least 18 and a citizen or legal resident to apply to be a guardian to another. The court has the power to decide whether to allow you to be a guardian to a particular ward.

Article 81 Guardianships

Elderly and incapacitated people are at greater risk of abuse, exploitation, and self-neglect than others. A knowledgeable guardianship lawyer in the Bronx can help you make sure your loved one is cared for. Under Article 81 of New York’s Mental Hygiene Law, the court can appoint a guardian to handle the financial and personal affairs of someone who can’t manage these matters for himself due to incapacity. These are tailored guardianships whereby certain powers are given to a guardian, while others may remain with the ward. For example, an elderly person may be able to make choices about medical care, but be unable to handle daily affairs such as bathing and paying bills. However, if a person is incapacitated in every respect, the court may grant the power to make all decisions to a guardian, including where an incapacitated person should live. When someone’s incapacity extends to financial affairs, the guardian appointed by the court may be given the power to gather together property, pay the ward’s bills, invest, and make other financial decisions for the ward.

In other cases, however, an incapacitated person may not be able to manage daily living tasks or make medical decisions. They may need someone else to arrange for their bathing, going to the bathroom, getting groceries, getting dressed, and cleaning their house. The court may grant authority to a guardian to obtain live-in care or to perform cleaning. The guardian may have the authority to place the ward in a nursing home or other facility.

Sadly, there are situations in which an incapacitated person is abused by those whom he trusts the most, such as family members. Guardians can be appointed to stop physical abuse or financial exploitation. This may be through the power to place the ward in a nursing home or the capacity to apply for an order or injunction to stop the abuse, which a Bronx guardianship attorney can help you pursue. A guardianship attorney may be able to stop an eviction or foreclosure. Article 81 guardianships can be complicated and require a hearing in court. Legal guidance may be essential.

Article 17-A Guardianships

It’s assumed in New York that if somebody turns 18-years-old he or she is legally competent to make decisions for himself or herself. However, if the person is intellectually disabled or developmentally disabled and is over 18, it is possible to request that the Surrogate’s Court appoint a guardian under Article 17-A. It’s different from Article 81 in that the court has less ability to tailor the guardian’s powers. A guardianship limits a person’s legal right to make decisions over her own affairs and places in the guardian power over the person.

Children whose parents have died or are unable to care for them may need a guardian. When someone who is under age 18 has inherited more than $10,000, an Article 17 guardianship may be sought in Surrogate’s Court.

Consult a Skillful Guardianship Attorney in the Bronx

Bronx lawyer Jules Haas has worked with clients for over 30 years, assisting them with obtaining or fending off guardianships. His tenacity and thoroughness, as well as his significant experience, has allowed him to earn client satisfaction in connection with these and other matters. Contact him at (212) 355-2575 or through our online form.