How do you set up a guardianship?
A guardianship is a legal arrangement that allows a person or institution to have the legal rights and responsibilities of a parent or caregiver for a minor child or mentally incapacitated adult. In New York, a guardianship can be established by either a court order or by a signed agreement between two parties. To set up a guardianship in New York, an individual must file a petition with the court. This petition typically includes the name and address of the proposed guardian, the relationship between the guardian and the ward, the ward’s age, and a description of why Guardianship is needed. If the court agrees to the petition, it will then issue a Notice of Hearing. This Notice requires the guardian and ward to appear in court on a specific date, so that the court can assess the situation and determine if guardianship is appropriate. Depending on the specific details, the court may also require additional information or documents. Once the court grants guardianship, the guardian must report to the court every year and keep the court updated on the ward’s circumstances. In addition, guardians must also maintain any financial records related to the guardianship and obtain court approval before making any major decisions on behalf of the ward. Finally, at any point in time, either the proposed guardian or ward can choose to terminate the guardianship. This is done by filing a petition or motion with the court. The court must then approve the termination before it is officially put into effect.
Related FAQs
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How much does it cost to become a guardian?
Can a guardian be held accountable for their actions?
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How does a guardianship end?
Can a guardianship be contested?
How do you select an appropriate guardian?
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Who can become a guardian?
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