Guardianship In New York: How To Secure A Future For Your Elderly Relative

In this article, you can discover…

• When to consider guardianship for your elderly relative.
• Whether it’s possible to appoint multiple guardians.
• The responsibilities and obligations of your loved one’s guardian.

When Should You Consider Guardianship For An Elderly Relative?

If your loved one is struggling to handle day-to-day activities and upkeep as well as they used to, it can be helpful to consider guardianship. This is especially true if your older relative does not have power of attorney or healthcare proxy documents in place.

You could also face a scenario where a loved one names their spouse as their power of attorney, but their spouse passes away before they do. In other cases, the person your loved one appointed as power of attorney is being negligent or abusive, and appointing a guardian allows someone more responsible, caring, and ethical to take control of your family member’s care.

Can A Guardianship Designation For An Elderly Relative Include Multiple Guardians In New York?

Yes. In short, there are two types of guardianship. One type of guardianship involves making medical decisions and deciding where your elderly loved one will live. The second type of guardianship oversees your loved one’s property and manages your loved one’s finances, similar to a power of attorney.

It’s entirely possible to appoint one person to the first position and another person to the second. Alternatively, you could appoint two people who share joint responsibility for both your family member’s health and their finances.

Finally, you could have a single person manage both aspects of guardianship and simply have a second or a third person appointed as backup should the current acting guardian no longer be able to handle their responsibilities.

Attorneys Paul Hyl and Arthur Conte are caring, focused elder guardianship lawyers serving New York. For over 45+ years, they’ve helped families just like yours navigate the practical and legal care of older adults with clarity, compassion, and skill.

Have questions, or in need of quality legal guidance? Reach out to Hyl Conte Law, PLLC, at (877) 200-6845 for an initial consultation today.

What Are The Responsibilities And Legal Obligations Of A Guardian In New York?

If you are the guardian of an elderly person’s healthcare and well-being, you must meet with them at least four times a year and advocate for their best interests based on their known goals and desires. You must also complete reports detailing the elderly person’s well-being and care and submit these reports to the courts every year.

Determining where the elderly adult lives is also vital. While some families initially opt to care for older loved ones at home, this may not be the most medically sound decision, especially if your loved one’s needs are especially complex or their health is poor. As their guardian, you must make sound and wise decisions about if or when it is best to place that person in a long-term care facility.

It’s also vital to be sure the elderly person receives proper healthcare and doctor’s visits. You will also have to communicate with their doctors and obtain copies of their medical records should they need to move to an assisted living facility.

If you are appointed as a guardian over a person’s finances, you must identify what their assets are and reach out to various financial institutions so that you can manage and access those assets. You must also file reports with the court annually detailing the assets you are using and how you are using them. It’s important to be sure you are spending that money only on the best interests of the elderly person and towards their care.

How Can Our Firm Help If Your Family Disagrees About Who Should Act As A Guardian?

Attorneys have a duty to our clients, and we can only represent one person at a time. If you come into our office with four of your siblings and no one can agree who should be your parent’s guardian, we won’t be able to represent all of you.

While we can mediate between family members to a degree, we can not represent multiple people with differing views. You must either all be on the same page or else seek out your own attorneys to represent your respective interests.

Ultimately, however, the petition for guardianship over your elderly family member must go before a judge for legal approval. In cases where there are disputes or concerns, a court evaluator will present objective facts about your family’s dynamics to the judge.

Often, there will be an attorney for your elderly adult parent, an attorney for the petitioner, and the court evaluator. Each will make their cases, and in the end, a judge will hand down a ruling, deciding who will be awarded guardianship over your elderly loved one.

Attorneys Paul Hyl and Arthur Conte are caring, focused elder guardianship lawyers serving New York. For over 45+ years, they’ve helped families just like yours navigate the practical and legal care of older adults with clarity, compassion, and skill.

Have questions, or in need of quality legal guidance? Reach out to Hyl Conte Law, PLLC, at (877) 200-6845 for an initial consultation today.

How Does Our Firm Handle Conversations About Guardianship With Elderly Relatives?

We find it important to discuss guardianship issues with older adults. If the older adult is mentally sound and able to advocate for themselves, they may be able to go before a judge themself and personally request a guardian to be appointed over them.

In any case, it’s important to make sure the older adult is clear on the responsibilities and limitations of guardianship and to speak with them directly. We’ve seen cases where adult children insist that their mother has dementia, only to speak face-to-face with a very sharp-witted 85-year-old woman who understands everything clearly.

In other cases, children may insist that their parent is fine, yet when we speak with the older parent, it’s clear that they have a level of confusion and misunderstanding that can not be overcome. In still other cases, older adults may be silent or withdrawn with their adult children in the room, yet become alert and very responsive when their grown children leave.

Talking face-to-face with the older adult gives us a clear picture of their awareness, mental state, questions, and concerns, and it’s vital that they be included, in every way that is possible, in the process.

Still Have Questions? Ready To Get Started?

For more information on Guardianship In New York, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (877) 200-6845 today.