Queens Guardianships

Estate Planning Lawyer Serving Queens

In a Queens guardianship, a person, known as a guardian, is empowered by the court to make decisions for another person known as a ward—someone who is unable to make these decisions on his or her own. Only those who are at least 18 years old and a citizen or legal resident of the country can apply to be a guardian, and a judge makes a final determination about whether someone can or cannot be a guardian. Whether you are concerned about obtaining a guardianship or fighting off a guardianship in Queens, you may have a lot of questions about mental incapacity or other issues. Jules Haas is an experienced Queens guardianship attorney who may be able to help you understand your legal rights and options.

Queens Guardianships

Both children and adults who are incapacitated or who have psychiatric or developmental disabilities may be wards for purposes of guardianships in Queens. For example, a child whose parents have passed away may be the ward in a guardianship. For another example, if your father has severe bipolar disorder and suffers from psychosis and cannot manage his affairs, it may be appropriate to seek a guardianship for him. A knowledgeable guardianship lawyer in Queens can help you determine whether a guardianship and what kind may be called for in your situation.

Article 81 Guardianships

A guardianship under Article 81 of the Mental Hygiene Law may be appropriate for an adult who is incapacitated by old age or due to illness or injury. The court is authorized to appoint this type of guardian when appointing the guardian is needed to provide management for another’s financial needs, property, or their personal needs and the person either agrees to this appointment or is incapacitated. 

Article 81 guardianships are supposed to provide the least restrictive form of intervention to someone with functional incapacities that still allows them to use the self-determination and independence of which they’re capable. Generally, this type of guardianship provides a certain level of flexibility, whereas an Article 17-A guardianship, used primarily for minors, requires a less intricate determination and has a broader, more rigid scope.

The judge can tailor the scope of the Article 81 guardianship with the help of an appointed court evaluator. The court evaluator can look closely at the disabled or incapacitated person’s life and determine to what extent a guardianship is needed. There are some people who are so incapacitated that they need help with every aspect of their lives. However, there are others who simply need help with their financial affairs. The court holds a hearing to determine the scope of the Article 81 guardianship.

The court must be petitioned for an Article 81 guardianship proceeding to take place, and a skilled Queens guardianship attorney can help you with this. The Guardianship Petition contains important information regarding the assets and circumstances of the alleged incapacitated person. The investigator or evaluator is appointed by the court after the petition is filed. Sometimes the incapacitated person will have a lawyer appointed for them. A petitioner will need to provide clear and convincing evidence at a hearing that a proposed ward can’t handle certain elements of managing his own finances or daily affairs. The court will examine the extent to which a person can handle his activities of daily living. If the proposed ward or somebody else opposes, they will also have an opportunity to present their case to the court.

Responsibilities of the Article 81 Guardian

An Article 81 guardian will have specific duties and obligations toward the incapacitated person. They need to have duties explained to them and file a first report with the court. After the initial report, they will need to file a report on an annual basis.

Article 17-A Guardianships

An Article 17-A guardianship may be appropriate for those under age 18 who are intellectually or developmentally disabled under the Surrogate’s Court Procedures Act. In order to obtain an Article 17-A guardianship, it’s necessary to file a petition along with a certification from a doctor and a psychologist or two doctors that states the person to be a ward has a disability such that they cannot manage their own affairs. Usually, Article 17 guardianships are broad, providing a guardian with the right to make any parental decisions. The guardian may have the minor live with him or her.

Consult an Experienced Guardianship Attorney in Queens

For over 40 years, lawyer Jules Haas has worked with clients, assisting them in seeking or fighting against the imposition of guardianships. He’s an experienced attorney who is tenacious and thorough, and who earns client satisfaction. If you have questions about a guardianship in Queens, contact us at (212) 355-2575 or through our online form.