Guardianship in New York City
Protect your family’s future with comprehensive guardianship solutions in New York City, crafted by the experienced attorneys at Brian D. Perskin & Associates PC.
Even if you don’t have substantial assets, every parent or caregiver should have an estate plan that ensures their dependents receive proper care. Whether you are a parent to minor children or a caregiver for an adult with a disability, New York’s social services system plays a key role in providing resources for those in need. Establishing guardianship in New York can help ensure your loved ones receive the right care and support when you are no longer able to provide it.
Why Choosing a Guardian is Essential
Establishing guardianship in New York is one of the most important decisions you can make as a parent or caregiver. If you don’t name one, a judge will decide who takes on the responsibility, and their choice may not reflect your wishes. This can lead to family disagreements or the appointment of someone who isn’t the best fit for your child or dependent.
When initiating guardianship in New York, the courts prioritize the dependent’s best interests. While a judge has the final say, they usually give strong consideration to the guardian named in a legal estate plan. Social services agencies may also be involved in reviewing potential guardians and ensuring the chosen individual is capable of providing care. Taking the time to document your choice can help ensure your loved one is placed in the right hands when establishing guardianship in New York.
When to Nominate a Guardian
If you have minor children or a dependent with a disability, the best time to choose a guardian is now—while creating your will. If both parents or the primary caregiver are unable to provide care, the court will step in to appoint a guardian who can offer stability and support.
Without a named guardian, the court may place your child or dependent in state-supervised care through New York’s Social Services system until a permanent guardian is selected. The process of establishing a guardianship in New York can be stressful for your family, and social services professionals may need to evaluate different care options. Documenting your preferences in a legal will can help prevent this uncertainty.
Types of Guardianship in New York
Guardianship responsibilities vary based on the individual’s needs. In New York, there are several types of guardianship in New York, including:
- Guardianship of a Minor – Appointed to care for a child under 18 when parents are unable to do so.
- Guardianship of an Incapacitated Adult – Established under Article 81 of New York’s Mental Hygiene Law, this allows a guardian to manage the personal and financial affairs of an adult who cannot make decisions due to illness, injury, disability, or cognitive impairment.
- Guardianship of a Developmentally Disabled Individual – Under Article 17-A of the Surrogate’s Court Procedure Act, guardians are appointed for individuals with a developmental or intellectual disability who require lifelong assistance. Social services resources can help these individuals receive long-term support for their disability when under a guardianship in New York.
What Are a Guardian’s Responsibilities?
A legal guardian acts as a substitute parent or caretaker, responsible for ensuring the health, safety, and well-being of the dependent. However, guardians are not required to cover financial expenses out of pocket.
When creating guardianship in New York, the court usually appoints a separate conservator or financial guardian to manage the dependent’s financial assets, making sure their needs are met through proper planning. In some cases, the same individual may be allowed to serve as both guardian and conservator. Social services programs can provide financial assistance and healthcare resources to dependents who qualify.
Supporting Dependents With a Trust
Raising a child or caring for a dependent with special needs or a disability involves financial planning. A trust can be a beneficial tool to set aside and distribute funds responsibly.
- Special Needs Trusts (SNTs) – These trusts provide financial security for an individual with a disability without jeopardizing their eligibility for social services benefits like Medicaid and Supplemental Security Income (SSI).
- Child Trust Funds – Establishing a trust ensures that funds are available to support a minor child’s education, healthcare, and daily needs. The trustee collaborates with the guardian to manage distributions effectively, often coordinating with social services programs for additional financial support.
Why You Shouldn’t DIY Guardianship in New York
The laws surrounding guardianship in New York City are complex, and small mistakes can lead to consequences for your loved ones. Without a proper plan, social services authorities may have to intervene, and family members could face legal disputes over guardianship. A well-structured estate plan ensures that your dependents are cared for according to your wishes, preventing court delays, financial mismanagement, or disputes over guardianship in New York.
At Brian D. Perskin & Associates PC, our experienced New York City estate planning attorneys can help you create a plan for a guardianship in New York that protects your family’s future. Contact us today to schedule a consultation and protect the well-being of your loved ones.
Ready to discuss guardianship options? Contact our New York City law office today to protect your loved ones with trusted legal expertise.