Many New Yorkers have loved ones who are aging and may need some help with various tasks. Their body may not be physically capable of doing the same activities that they were able to do when they were younger. However, in addition to the physical limitations that they may experience, sometimes loved one’s minds are not as sharp as they once were or they may be suffering from dementia or other mental disabilities.
It may reach a point where the loved one is no longer able to properly manage their affairs. While people may want to help their loved ones in these situations, there are some decisions that legally only the loved one can make without a court order allowing someone else to make the decisions for them. People can take over a loved one’s affairs through a guardianship, but they must petition the court to become a guardian.
Information needed for a guardianship petition
The petition for guardianship must contain certain information to allow a judge to appoint someone a guardian, which includes, but is not limited to:
- It must have basic information about the loved one such as their name, birthdate, address and other identifying information as well as that information for the person petitioning to become guardian.
- It must allege that the loved one is incapable of handling their financial and/or daily responsibilities and affairs and document their limitations.
- In addition to claiming that loved one is incapable of managing their affairs, the limitations need to likely harm the loved one.
- The petition must also specify whether the guardianship would be for just personal needs or for property supervision as well.
- The petition must state the financial resources available to the loved one as well as current debts.
The petition is what starts the guardianship process in New York and must be drafted correctly. There may be a good amount of information that people need to gather and consulting with an experienced attorney could be beneficial.
