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Under Article 81 of New York's Mental Hygiene Law, the court may appoint a guardian to manage the personal and financial affairs of a person who cannot manage for him or herself due to incapacity. The duties, rights and responsibilities a guardian will have will vary depending on the particular situation. A guardian's powers are specifically tailored to meet the needs of the incapacitated person. A guardian with full authority may be responsible for making all legal, financial and health care-related decisions for the incapacitated person.
If you are interested in establishing guardianship or would like to learn more about this important topic, a Nassau County elder law attorney at The Virdone Law Firm, P.C. can help. This is one of the key areas of our elder law practice, and we can talk to you about your options and how being a guardian may affect you and provide for your elderly loved one in need.
Elder Lawyer Serving Long Island, Queens, Nassau and Suffolk
When the court determines who should become the guardian of an incapacitated person, they will typically look to the closest family members. Depending on the situation, an independent guardian may be appointed, particularly if there is a dispute among family members as to who should be appointed with these duties or if the incapacitated person does not have a family member who can be appointed. In order to serve as a guardian, the person appointed to this task must obtain a bond in a specific amount set by the court. This serves as an insurance policy, typically in the amount of the incapacitated person's estate, to protect the incapacitated person from theft or other wrongful conduct by the guardian.
A guardian on Long Island or in Nassau County, Queens County or Suffolk County will be monitored by the court. He or she will have to take a course that involves an education on the duties of a guardian, will have to file an initial report within 90 days of his or her appointment and will have to file a detailed annual report every year.
A properly appointed guardian can make a significant difference in the overall wellbeing of a person who has become incapacitated. Contact a Nassau County Elder Law Lawyer at our law firm today.