Can You Get an Adult Guardianship Over a Vulnerable Parent in New York?
Do you have an aging parent who is no longer able to manage his or her own affairs? You may be to the point where you are considering setting up a guardianship. While it is a big step, it is also a necessary one to protect vulnerable adults in certain circumstances. In this article, our New York City estate planning lawyer explains the key things to know about the standard for setting up an adult guardianship in the state.
What is an Adult Guardianship?
Aging is difficult. The reality of life is that there may come a day when a person will struggle to make legal, financial, or medical decisions on their own. Managing day-to-day affairs could be difficult, if not impossible for a vulnerable person. The Center for Elder Law and Justice defines an adult guardianship as “a legal process used to support individuals who are unable to make decisions or manage affairs for themselves.”
A Guardian Becomes Responsible for the Ward (Vulnerable Adult)
In New York City, adult guardianship is a legal arrangement where a court appoints a guardian to manage the personal and/or financial affairs of an adult who is deemed incapable of doing so themselves due to physical or mental limitations. The process typically involves the following:
- A petition filed by a concerned individual or entity; and
- A court evaluation to determine the potential ward’s capacity.
Once appointed, the guardian has the authority to make decisions on behalf of the ward, including healthcare choices, managing finances, and living arrangements. At its core, an adult guardianship is a protective measure that is designed to ensure the well-being of a vulnerable person.
New York State Favors the Least Restrictive Adults
In New York, state law requires courts to use the least restrictive means possible when it comes to guardianships and other interventions for vulnerable adults. The approach seeks to preserve the autonomy and dignity of aging people by ensuring that any limitations on their independence are minimized. Before a guardianship is put in place, a court must determine if another option—such as a power of attorney—is effective.
An Adult Guardianship is a Big Step: Move Prove Incapacity
Getting a guardianship for an aging parent is a big legal step. Under New York law, a person petitioning for an adult guardianship must prove the incapacity of the proposed ward (their parent).
The process involves a thorough examination—often including medical evaluation(s) and testimony from a qualified expert. Only after incapacity is conclusively proven can a court appoint a guardian.
Contact Our New York City Adult Guardianship Lawyer Today
At Poulos LoPiccolo PC, our New York estate planning attorney handles all forms of adult guardianship cases. If you have any questions about setting up an adult guardianship for a vulnerable parent, we are here to help. Contact us today for your confidential initial consultation. Our firm is based in New York City and we handle guardianships throughout the region.
