Elder Planning Isn't Just For The Elderly

Understanding guardianship basics

On Behalf of | Sep 28, 2022 | Guardianships

Though many people will come across a situation in their lives where they may need a guardian or might need to become a guardian for someone else, very few people actually know much about guardianships.

What are the basics to know about a guardianship? How does it work, what is it for, and who will benefit from it the most?

What is a guardianship?

The New York State courts discuss basics of guardianships. First, what are they for? A guardianship allows for someone to ensure the best interests of the person placed under the guardianship, such as a minor or an older individual with memory or mental troubles, or someone with a disability who cannot advocate for themself fully.

Taking the case to court

These are the most common situations in which the court will grant a guardianship. All situations where someone wants to request status as a guardian must go through court, too. It can go to family court, surrogate’s court or even the Supreme Court. The details of the case will determine where the case ends up.

Options for guardians

When filing, a person has three options. First, they can have full guardianship, giving them control over a person and their legal property. The other two options handle just the person or just the property. Someone may have two separate guardianships for both of these matters.

Of course, this is a huge amount of power over another individual. This is why courts spend so much time deciding who is or is not fit for the amount of responsibility such a role holds.

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