Guardianships in Long Island
Sheryll Law, P.C. helps clients designate guardians for their minor children and obtain special needs and elder law guardianships.
Guardianship Attorney in Long Island
You may consider a guardianship for someone with special needs, a family member losing capacity or even a young child. Guardianships provide legal protection for people who cannot care for and protect themselves. New York law recognizes three types of guardianships.
- Guardianships concerning young children generally occur when the parents pass away or cannot exercise their legal rights for another reason.
- Article 81 guardianships are for incapacitated adults who need help making medical and financial decisions.
- Article 17-A guardianship for developmentally disabled individuals.
Obtaining guardianship can be challenging if you don’t understand the legal system. Sheryll Law, P.C. offers insights for all categories of guardianships. We can also help plan ahead by using estate planning tools such as a will to determine guardians or establish a Power of Attorney to designate financial power to a trusted individual.
Types of Guardianships
Sheryll Law, P.C. can help you obtain guardianship in several different situations.
- Eder law guardianship as known as Article 81 Guardianships
- Article 17-A or special needs guardianship
- Guardianship of minor children
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Guardianships For Minors
Many parents' primary concern is establishing a guardian for their young children if they were to suddenly pass away. To provide more control over who the court chooses to care for your minor children appointing a guardian can be done in a Last Will and Testament. After you pass away, the Surrogate’s Court will evaluate your decision. As long as the person is deemed fit, he or she will become your child’s legal guardian. You should also include successor guardians in your will.
Special Needs Guardianships
Special needs guardianships are necessary if you need legal rights to protect your child after they turn 18. A special needs or Article 17-A guardianship is put in place to protect developmentally disabled adults. Parents are encouraged to plan one year ahead of their child's 18th birthday. The proper planning ensures that the child can receive government benefits in adulthood.
Avoid Elder Law Guardianships
Living a good long life has its benefits, however that blessing comes with added responsibility. Creating a health care proxy, power of attorney, and other documents that allow for the unplanned emergencies such as the results of a slip and fall or a major health issue requires thoughtful planning now.
Addressing pertinent concerns while in good health can prevent the court from determining who can have financial control and the most important of all, your health care decisions .
Avoiding issues of elder law guardianship is best accomplished by seeking legal counsel.
If you do this, you won’t have to worry about a loved one petitioning the court to get an Article 81 guardianship.
Start Early with Guardianship Planning
They say every day of good health is a gift. As we mature the small health issues such as high blood pressure, diabetes, and other ailments, can manifest and when they do it’s best to be prepared by having estate planning documents in place with a proper Guardianship attorney. Planning ahead can avoid the confusion of who takes custody of your special needs child, or 4-legged child. Planning now can help close friends and loved ones avoid the stress of making decisions that may go against your wishes in the future.