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Understanding the Importance of Legal Guardianship
A guardian is an individual over the age of 18 who is assigned by the courts to care for another person and their property if that person cannot properly care for themselves or their finances. Guardianships can provide for a variety of needs, including food, clothing, and stability.
At Adler Law, we assist clients in caring for their loved ones by walking them through the process of establishing guardianships. Additionally, we help clients select guardians for their future needs should they eventually be unable to care for themselves.
Contact us today to learn more about the importance of designating a guardian in your estate plan.
Types of Guardianships in New York
The state of New York allows for three different basic types of guardianships: Article 81 guardianships, Article 17 guardianships, and Article 17A guardianships.
Article 81 Guardianships
Due to Alzheimer's, dementia and other diseases, once competent people may no longer be able to care for themselves and even be likely harm to themselves. If someone has lost or diminished capacity, an Article 81 guardianship may be the best option to provide for their personal needs and/or their financial needs.
Article 17 Guardianships
In the state of New York, the court must oversee the management of a minor's property that is worth over $10,000. When the minor reaches the age of 18, the property can then be managed by the child without interference by the court.
Article 17A Guardianships
Even if your child is developmentally disabled or mentally retarded, you will not be allowed to make decisions for them after the age of 18. If you would like to maintain control of your child's personal, medical and/or financial decisions, it is important to obtain an Article 17A guardianship.
We understand that choosing a guardian can be a difficult task for you and your family. You may not want to rely on another person, but it is important that you choose someone to care for you, or else the court will make that decision for you.
Adler Law is a boutique estate planning and probate law firm with a client-centered approach. Our experienced team handles each case personally and patiently works with clients long-term to build beneficial plans for their futures.
With over 50 years of experience, our attorneys can help you create a comprehensive estate plan that includes the appointment of a future guardian. Additionally, we can help you protect a loved one by becoming their guardian.
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