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Guardianship Lawyer Albany NY
When an individual is no longer able to handle their financial or personal affairs because of their age, mental incapacity, or physical disability, what happens to them? They may need a court-ordered guardian to take care of them.
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Divorce & Family Legal, LLC offers dependable legal services to help family members navigate the challenges that often come with guardianship.
What Is a Guardianship Lawyer?
Guardianship attorneys are crucial in these kinds of family matters. They provide critical oversight and can help to prove that a person requires guardianship. The section below describes the role that these legal representatives play.
Protecting the Ward's Rights
The truth is that guardianship attorneys are responsible for protecting the rights of wards. When a person is unable to make sound decisions on their own, a lawyer can stand in the gap and ensure that their well-being is protected. Their job is to prevent cases of abuse and exploitation.
Establishing Guardianship
Advocates also help family members navigate the law concerning guardianship and will go the extra mile to ensure that things work out in the ward's favor. They will help determine who is the best person to take responsibility for the incapacitated person, file petitions, attend court hearings, and present evidence to prove that the person is indeed in need of guardianship.
Providing Advice and Guidance Throughout the Guardianship Process
The reality is that guardianship proceedings can be challenging. Guardianship attorneys can provide crucial insight and guidance. Moreover, after guardianship has been granted, the person appointed may find it hard to make important decisions. Lawyers can offer critical advice, ensuring that the guardian acts in a way that is beneficial to the ward.
Terminating or Making Changes to Guardianship
If guardianship needs to be terminated or the terms amended, an attorney can assist. This may be necessary when the guardian is no longer able to fulfill his or her duties or if the ward's condition improves.
Contesting Guardianship
In some cases, the need for a guardian may be disputed. The alleged incapacitated person may still be able to make sound decisions. A legal representative can fight for their rights in such cases, preventing them from being subject to a guardian if they do not truly need one.
Why Divorce & Family Legal, LLC for Guardianship Matters
Finding reliable legal guidance is crucial when guardianship matters are involved. That's because an incapacitated person's well-being may be at stake. Divorce & Family Legal, LLC understands the importance of personalized, professional legal services and is committed to delivering reliable counsel.
Expertise and Experience
With many years of experience handling guardianship cases, Divorce & Family Legal, LLC provides expert legal services. Mr. Ibrahim has a deep understanding of the law and can help wards and guardians navigate the complex legal landscape.
Compassionate Elder Law Services
Guardianship is more than just litigation. It is determining the future of a person who is no longer able to make important decisions on their own. This is why Divorce & Family Legal, LLC approaches every case with the compassion and care it deserves.
Personalized Legal Services
Every case is different, with its own unique facts. This is why a personalized strategy is needed to ensure the best possible outcome. Divorce & Family Legal, LLC works with clients to learn more about their needs, ensuring that they receive a solution that meets their needs.
Understanding Guardianship
Guardianship is essentially a legal relationship in which a person is given the authority and responsibility to take care of an incapacitated person. This individual is known as the ward, while the person tasked with their care is the guardian.
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A guardianship proceeding will be initiated when a person is deemed mentally or physically unfit to care for him or herself and, as a result, may be at risk of harm. It's important to remember that other avenues are often explored before guardianship is initiated, and it is often used as a last resort.
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Ideally, adults in their prime would sign some kind of advance directive, such as a Health Care Proxy or Durable Power of Attorney. This would give the chosen agent the right to make important financial or medical decisions on their behalf. However, when advance directives are not in place, guardianship proceedings become necessary.
Why a Person May Need a Guardian
There are a number of reasons why an individual may require guardianship. However, before granting incapacitated persons a legal guardian, the court will need to see proof that he or she is not able to care for themselves.
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A court evaluator and attorney will be appointed to assist by representing the ward. Evidence will then be presented to prove that the patient lacks the capacity to make decisions for him or herself.
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In order to qualify for guardianship, the alleged incapacitated person may be:
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Under the age of 18,
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Suffering from a serious injury or illness, or
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Affected by a developmental disability.
Criteria for Guardianship in Albany, NY
To be a guardian, an individual will need to be at least 18 years of age and have a clean criminal record. They will also have to be a legal adult capable of making sound decisions. Moreover, the court will determine the person's ability to carry out the duties required of him or her.
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This will typically include a closer look at their finances to determine their capacity to provide for the ward's daily needs, as well as their ability to manage any money the incapacitated person may have and make critical healthcare decisions.
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Even when the above criteria are met, the court will still consider whether placing the ward in a particular individual's care is in their best interest.
Practice Areas
Divorce & Family Legal, LLC Is Here to Help
Guardianship proceedings can be complex, and engaging a reliable guardianship attorney can be crucial in streamlining the process. Divorce & Family Legal, LLC understands that guardianship can be a contentious topic, which is why the firm offers sound legal counsel and provides personalized assistance throughout guardianship proceedings.
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To learn more or request a FREE consultation with Mr. Ibrahim, call (518) 992-5924 or fill out the contact form below
Professional Legal Representation
The truth is that guardianship is an important legal tool, but it often comes with complexities. To navigate the confusing legal landscape, family members can turn to a law firm that understands and is committed to achieving the best possible outcome.
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With years of experience, Divorce & Family Legal, LLC has what it takes to handle complex cases. When a patient lacks the capacity to take care of him or herself, the firm will stand in the gap, protecting their legal rights and ensuring their well-being.
Frequently Asked Questions
1. What does a legal guardian do?
A legal guardian is essentially an individual that the court appoints to oversee the personal estate and financial affairs of someone who is unable to do so themselves. This might be a minor under the age of 18 or an incapacitated adult. The guardian's responsibility is to make decisions to protect the well-being of the individual under their care. This includes the following:
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Managing their personal estate
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Overseeing their medical treatment
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Handling their financial affairs
Their job is to ensure that the incapacitated person's needs are met and their rights and interests are protected when they are unable to make sound decisions themselves. It's also worth mentioning that guardians must visit the ward a minimum of four times a year and provide the court with reports that detail how the person is doing on a regular basis. The first report will be due 90 days after the appointment of a guardian. Thereafter, it must be submitted in May on an annual basis.
2. What does a court evaluator do?
Court evaluators are unbiased individuals designated by the court in guardianship proceedings to evaluate the circumstances surrounding a guardianship case. In addition to evaluating medical and financial documents, the court evaluator conducts interviews with the individual, their family, and other individuals.
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Their job is to give the court an impartial assessment of the individual's needs, health issues, and whether or not guardianship is required. The evaluator's conclusions are intended to help the court determine whether or not appointing a guardian is in the best interests of the person.
3. Is it essential to enlist the help of a guardianship attorney?
No, it is not a must, but having legal aid can definitely be beneficial. That's because the process of appointing a guardian can be long and arduous. Moreover, navigating the legal complexities that are often involved can be incredibly challenging, which is where a lawyer's expertise can come in handy.
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If guardianship is contested, the attorney can provide crucial assistance, fighting in the best interests of the ward to secure the best possible outcome.
4. Can guardianship be used in response to abuse?
Yes. If an incapacitated person is being abused, they may be removed and placed in the care of a temporary guardian. The court may also impose an injunction designed to prohibit someone from disposing of or transferring the ward's property.