GUARDIANSHIP

The legal process of guardianship also known as conservatorship, grants a person the power to make personal, financial and/or health decisions for a loved one that has suffered reduced capabilities due to illness, disease, age, or disability. Typically, guardianship is awarded when an individual has lost the ability to make or communicate safe or sound decisions regarding himself/herself or their property or has become vulnerable to fraud or undue influence. An individual's rights may be diminished considerably if guardianship is established. For this reason, guardianship should only be considered after other alternatives have proven ineffective.

Legal Guardianship Papers

Guardianship can be a difficult and emotional process. In addition to a court proceeding, applications often require additional paperwork such as guardianship waivers from all immediate family members, and affidavits from physicians.

Uncontested vs Contested Guardianship in New York

Contested guardianships in New York can occur when a family member opposes the appointment of a guardian or has reason to believe an existing guardian is not fit for the role.

Cost of Guardianship

Guardianships that are uncontested typically cost a minimum of $7500.00, while more complicated contested Guardianships can cost significantly more. Fees and costs may often be paid out of the ward’s assets and income.