Buffalo Guardianship Lawyers

There comes a point in life when someone you love can no longer care for themselves. Maybe it’s an aging parent, a child who needs extra protection, or a relative with a disability who simply cannot make decisions safely on their own. It’s painful to watch, and even harder to know what to do. You want to do right by them, but the system isn’t always straightforward. Here at Raimondo & Sundquist LLP, our Buffalo guardianship lawyers help families across Western New York protect their loved ones. If you’re looking to create a guardianship, please don’t hesitate to contact our Erie County estate planning lawyers today.

What is a Guardianship?

A guardianship is a court-ordered legal relationship where one person (the guardian) is given the authority and duty to make decisions on behalf of another person (the ward). In simpler terms, it’s when the court recognizes that someone can no longer handle certain aspects of their life, like managing money, paying bills, or even deciding where to live, and appoints someone trustworthy to step in.

It’s important to understand that a guardianship is not the same thing as a power of attorney. A power of attorney is voluntary, whereas a guardianship happens when a person can no longer make that choice for themselves, and the court needs to intervene to protect them.

Being appointed guardian comes with real responsibility. You may be in charge of medical decisions, financial management, and making sure your loved one lives safely and comfortably, which is why it’s so important to have the right guidance from the very beginning.

Types of Guardianships in New York

The main categories of guardianships in New York State are as follows:

• Guardianship of a Minor: Appointed when a child’s parents have passed away or are unable to care for them. The guardian then becomes legally responsible for the child’s welfare until the child turns 18.
• Guardianship of an Incapacitated Adult (Article 81 Guardianship): This is created under Article 81 of the New York Mental Hygiene Law. This type of guardianship applies when an adult has lost the ability to make sound decisions due to illness, injury, or cognitive decline. The court can determine whether the guardian’s powers are broad or limited, depending on what it deems truly necessary.
• Guardianship for a Developmentally Disabled Individual (Article 17-A Guardianship): Established through the Surrogate’s Court for individuals over the age of 18 with developmental or intellectual disabilities who need long-term support and decision-making assistance. Parents or other family members often petition for this type to ensure their loved one’s ongoing care.
• Limited Guardianship: Sometimes, the court finds that the person only needs help in certain areas, such as financial management or healthcare decisions. A limited guardianship allows the court to grant authority only where it’s needed, helping preserve as much independence as possible.

The Guardianship Process in New York

Filing for guardianship can feel intimidating, especially if you’re doing it for the first time, but our lawyers can help you through the process. A general overview of how it works is as follows:

1. Filing the Petition: The process starts with someone, often a family member or close friend, filing a petition in the appropriate court explaining why the guardianship is needed. The petition must describe the person’s condition, what areas of life they’re struggling with, and why less restrictive alternatives aren’t sufficient.
2. Serving Notice: All interested parties must be formally notified, including the person alleged to need a guardian. This ensures fairness and gives everyone a chance to participate or object.
3. Appointment of a Court Evaluator: The judge may assign a neutral court evaluator. This individual interviews everyone involved, reviews medical records, and submits a report recommending whether guardianship is appropriate and what powers should be granted.
4. The Court Hearing: During the hearing, the judge listens to testimony, reviews medical and financial information, and hears from anyone who wishes to speak on the matter. The focus is always on the person’s best interests.
5. Appointment of the Guardian: If the court decides that guardianship is necessary, it will issue an order appointing a guardian and clearly outlining their responsibilities.

Frequently Asked Questions About Guardianships

Q: How long does it take to establish a guardianship in New York?
A: It depends. Simple, uncontested guardianships can take a few weeks to a couple of months. Contested ones, where there’s disagreement among family members or complex medical evidence, can take longer.

Q: Who can serve as a guardian?
A: Most often, it’s a family member. But if no one is suitable or available, the court can appoint a professional guardian, an attorney, or a public agency.

Q: What does a guardian actually do?
A: A guardian might manage bank accounts, pay bills, consent to medical treatment, coordinate care, or ensure a safe living situation. Each guardianship is different.

Q: Can a guardianship be changed or ended?
A: Yes. If the person’s condition improves or if the guardian can no longer serve, the court can modify or terminate the arrangement.

Contact Our Erie County Guardianship Lawyers

Guardianship cases can be emotional and even sometimes overwhelming, but you don’t have to handle them alone. Contact the knowledgeable and compassionate Buffalo guardianship lawyers here at Raimondo & Sundquist LLP for an initial consultation today so we can discuss your case.