The court may also appoint a lawyer for the AIP to ensure that the rights and wishes of the AIP are protected. Sometimes the court waits for the judicial expert to determine whether a lawyer is needed to represent the interests of the AIP, for example when the AIP challenges guardianship. Within 90 days of being appointed as guardian, the guardian must submit an initial report. The first report usually contains a brief summary of the incapable person`s situation and a list of the incapable person`s assets. We are sensitive to the stress that family members may feel when caring for the financial and health needs of an elderly parent. Section 81 guardianship attorneys from Pierro, Connor & Strauss will help you find the best solution to help manage the lives of family members who are having difficulty managing life, develop appropriate procedures to support them and, if necessary, represent you if guardianship proceedings are the appropriate solution. As a New York guardianship attorney may explain, Section 81 of the New York State Mental Health Act is the law that provides the procedure for appointing a guardian to manage a person`s financial affairs or personal needs. If the guardian is appointed, they must complete a court-approved training program and background check, and may be bound. In addition, the guardian is required to keep financial records and file initial accounts within 90 days of appointment and annually. Failure to keep sufficient records or report to the court may result in the guardian being dismissed. As a rule, guardianship is maintained indefinitely and ends only with the death of the AIP; However, if the AIP improves, a termination procedure can be initiated to end the guardianship earlier. For this reason, it is very important for a person to create and execute a valid New York Power of Attorney and a Health Power of Attorney while they are in good health and before being affected by illness or accident in order to avoid New York guardianship procedures if they become unable to work.
If a person has not executed a power of attorney in New York or a power of attorney relating to health and has lost the legal capacity to do so, guardianship is necessary to legally manage and control the estate and affairs of the person with legal capacity. The guardian has the legal authority to determine where a person lives, manage their assets and finances, pay their bills, and control and direct their medical care necessary to complete Medicaid and estate planning so that assets are not spent on catastrophic costs. associated with long-term care, including nursing home care costs. Without the health care attorney, New York Power of Attorney or New York Guardianship Order, nothing can legally be done for a person with a disability until a guardian is appointed by the court. The person with a disability is in a state of uncertainty because no one is legally responsible for their affairs, whether they have a wife, a child or another family relationship. This is the Health Care Proxy, New York`s power of attorney or guardianship order, which transfers legal authority to another to legally regulate its medical and/or financial affairs. If you think your disabled family member needs a guardian to manage their affairs, you should contact a guardianship lawyer under section 81 as soon as possible. At the end of the tutorship, the guardian must submit a final report summarizing all his activities throughout the duration of the tutorship. Guardianship proceedings in New York are initiated when a person who cannot and cannot authorize and enforce a New York Power of Attorney or Power of Attorney from New York due to a medical and/or mental illness because they do not have the legal capacity to do so. To begin the guardianship, a reasoned order and an application must be filed with the guardianship court of the civil court of the district where the AIP is located. The application describes why the IAFF needs a guardian and designates a specific person as guardian or asks the court to appoint an appropriate person. Certain „interested parties” must be informed that guardianship proceedings have been requested: the AIP, the AIP`s spouse, all AIP children, the AIP`s parents, the AIP`s siblings and all agencies/bodies that may be involved in the proceedings (i.e.
a nursing home where the AIP is located). Two different powers play a role in guardianship proceedings: Section 81 guardianship attorneys from Pierro, Connors & Strauss, LLC have offices in Albany, Schenectady, Rensselaer, Saratoga, Green Counties and New York. We also represent families from the Hudson Valley, Westchester, New Jersey and Florida. By far the most common reason for initiating guardianship proceedings is that a person with a disability cannot pay their bills due to an intellectual disability. A court-appointed guardian can remedy the situation by being given the power to collect property, pay bills, make investments or exercise financial rights that the person with a disability could exercise if the person with a disability were able to do so. In order for a guardian to be appointed, a person called an applicant must ask the court to appoint a guardian. Almost anyone can be the petitioner. Once the application has been submitted to the court, the court usually appoints a so-called judicial expert. It is the responsibility of the forensic expert to conduct an investigation and report to the court on the facts and circumstances of the case. The judicial expert usually gives an opinion on whether or not a guardian is necessary.
In some cases, the court also appoints a lawyer to represent the person who is legally incapacitated. When the application is filed, the court also sets a hearing date and orders immediate family members to be informed of the filing of the application. As a guardianship attorney in New York, I have represented numerous clients in guardianship proceedings under Section 81 of the Mental Health Act before New York courts such as Queens Guardianship Court or Brooklyn Guardianship Court. I have also been appointed by the Court as an expert witness for the Court. A judicial expert is a person who reviews the information contained in a guardianship case and submits a report to the court. A section 81 guardianship lawyer needs several days to prepare and file a verified application for guardianship when a family first retains it. The law requires at least 28 days between the filing of a verified application and a hearing on the case, but most likely the 28 days will begin when the judge signs the „order to explain the case,” the „trial,” which is actually the start date of the trial. In most cases, there will be a hearing, unless there are delays, adjournments or other requests for more time to gather evidence and prepare for the hearing. The court will make its decision and order within 90 days, but the standard is longer. In case of urgent need, temporary guardians may be appointed. Guardianship lawyers, who have extensive guardianship experience at Pierro, Connor & Strauss, represent the families and friends of people who have functional issues in this process.
A guardianship attorney in our practice can answer your questions about how and when guardianship may be the appropriate solution for someone who has lost legal capacity, the process, the chances of success in appointing a guardian and the costs associated with the proceedings. To avoid guardianship, it is advisable to take the necessary steps to execute a complete estate plan – including a full power of attorney for health and a standing power of attorney. With proper estate planning documents, guardianship proceedings can usually be avoided.