In addition to establishing a plan for property and assets, wills also allow you to select a guardian for minor children in your care. If you fail to specify a guardian, the court will do so on your behalf. While the court keeps the best interests of the child in mind...
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Guardianships
How may a court choose a guardian?
If you have aging family members, it can be a good idea to discuss with them how to plan for their possible incapacitation by setting up a power of attorney or selecting someone who could serve as a guardian. If not, a court may pick a guardian in the event your...
How can one avoid guardianship problems?
People who do not have children or other family members may be vulnerable to some of the pitfalls that may be associated with a guardianship. Proper planning, however, can help avoid problems with guardianships. Most people would appreciate some assistance should they...
Situations when a guardian may be removed
Guardianship is an important legal relationship between a person in need of support and the person charged with their care. There are a variety of ways that guardians may be selected for appointment when a need arises; a New York resident may name a prospective...
Choosing a guardian for an aging or disabled individual
As most readers understand, parents are responsible for the health and well-being of their children until those children reach the age of adulthood. At that time, children may begin to make their own decisions and be held accountable for their own legal actions. In...
What powers may a guardian exercise?
No one wants to imagine a future in which they are unable to make decisions about their own welfare and care. Part of living independently is having the capacity to judge what one needs for one's own self and to procure it on his or her own terms. However, New York...
Signs its necessary to establish a guardianship
No matter our age, we tend to show our love for our parents. And after putting in years to raise us, we are often ready and willing for these roles to reverse in the later years of their lives. Caring for an elderly parent is not only common in New York, it is often...
Helping you establish guardianship
There is no way around it; we all age and will likely make it to our elderly years. Thus, it is important to consider ways to protect yourself, as the unexpected could happen at any age. And if a person in New York is no longer able to make decisions on their own due...
Proving incapacity for guardianship purposes
Very few New Yorkers expect to be put in a position where they have to be responsible for the care of a loved one. Yet, quite often, an elderly loved one, or one who is simply incapacitated, becomes unable to care for him or herself. When this happens, it may be...
What is the role of a guardian?
The future often seems so far away that many individuals fail to adequately prepare for it until it is too late. While this procrastination certainly includes retirement and estate planning, it also includes care planning. Those who fail to adequately prepare for...