Can a guardianship be created without going to court?

In New York, a guardianship can only be created through the court system. It is not possible to create a guardianship without going to court. The court will appoint a guardian for an incapacitated person who can no longer make decisions on their own. To create a guardianship, a petition must be filed with the court outlining why a guardianship is needed. The petition must include information about the person in need of a guardian, the person who is being asked to act as the guardian, and the specifics of why a guardianship is needed. Once the petition is filed, the court will hold a hearing to consider the facts and make a decision based on what’s in the best interest of the incapacitated person. Before the hearing, the incapacitated person is notified of the hearing and given the opportunity to attend. If they are unable to attend, the court may appoint a lawyer to represent them. The court will make a decision based on the facts presented and will either approve or deny the petition for a guardianship. In conclusion, it is not possible to create a guardianship without going to court in New York. Anyone seeking a guardianship must file a petition with the court that includes information about the incapacitated person and the potential guardian and attend a hearing. The court will then make a decision based on the facts presented and what is in the best interest of the incapacitated person.

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Can a guardianship be created without going to court?

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