Guardianship

The courts in White Plains, New York have the authority to appoint a guardian to protect the interests of adults and infants who cannot protect themselves.

  • The Surrogate’s Court can appoint a guardian to protect the person and property of an adult or an infant. A Guardian for the Property of an infant or a mentally retarded or developmentally disabled adult can be authorized to invest, sell, lease, or mortgage the ward’s property.
  • The Supreme Court can appoint a Guardian for the property, not the person, of an adult.
  • The Family Court can appoint a Guardian only for the person of a minor under the age of eighteen years old.

The qualified, knowledgeable, and experienced attorneys at the law firm of Carton & Rosoff PC appear in all of these courts. Carton & Rosoff PC can guide you through the process so that you can meet the special needs of your family members and satisfy the Court that you are taking the proper steps.

Guardian under Article 81 of NYS Mental Hygiene Law

Sometimes, an older adult or a severely disabled child needs a guardian to make decisions about finances or personal care needs.

A family member can apply to be the Guardian for Personal Needs, but the law says that the ward should have as much freedom of choice as possible. Most people can make their own personal, daily decisions. However, the judge can give the Guardian for Personal Needs the power to decide, in part:

  • where the ward will live
  • whether the ward will have home care
  • whether the ward will have a driver’s license or travel
  • what kind of education or training, if any, the ward will have

The Guardian for Personal Needs may also have the power to make certain medical decisions for the ward.

A family member can also apply to be the Guardian for Property Management. If the Court appoints you, you must spend the ward’s money carefully. You cannot combine your own money with your ward’s money and you cannot make risky investments. Some of the things you should do are:

  • open a guardianship checking account
  • make a list of all of your ward’s income and investments
  • apply for public benefits, if your ward qualifies
  • pay your ward’s bills

Contact us for legal assistance with guardianship matters

Contact our law firm to work with an experienced New York guardianship lawyer. With offices in White Plains and Manhattan, we serve Westchester County, Putnam County, New York County, and Bronx County.