Guide from Brooklyn Family Attorney : Petition for Guardianship

New York recognizes several types of guardianship, each serving different circumstances. Guardianship of a minor is established when a child's parents are unable to provide care due to death, incapacity, or abandonment. Guardianship of an incapacitated person applies to adults who lack the mental or physical capacity to manage their personal or financial affairs. Temporary guardianship may be granted when immediate protection is necessary pending a full guardianship hearing. A Brooklyn family attorney evaluates your specific circumstances to recommend the most appropriate guardianship type.

To serve as a guardian, an individual must meet certain statutory requirements under New York law. The proposed guardian must be at least eighteen years old, of sound mind, and have no disqualifying criminal convictions. Courts consider the prospective guardian's relationship to the ward, their ability to provide appropriate care, and their willingness to assume guardianship responsibilities. Additionally, the court must find that guardianship is in the best interest of the minor or incapacitated person. A Brooklyn family attorney helps potential guardians understand these requirements and prepare evidence demonstrating their suitability for appointment.

The guardianship petition must be accompanied by several supporting documents mandated by New York law. These documents typically include the birth certificate or other proof of the ward's age, medical records or evaluations demonstrating incapacity if applicable, and proof of service on interested parties such as parents, spouse, or adult children. For incapacitated adults, a physician's affidavit is often required to establish the individual's inability to manage their affairs. Additionally, the proposed guardian must complete a questionnaire and submit to a background check. A Brooklyn family attorney coordinates the collection and organization of all required documentation to avoid delays in court processing.

New York law requires that interested parties receive proper notice of the guardianship petition. Notice must be served on the proposed ward if they are old enough to understand the proceedings, the ward's parents or custodians, and any other individuals designated by statute. Service must comply with strict procedural rules regarding timing and method of delivery. In some cases, the court may require publication of notice in a newspaper. A Brooklyn family attorney ensures that all notice requirements are satisfied and maintains proper documentation of service for court filing.

The Kings County Surrogate's Court handles guardianship petitions for minors and certain matters involving incapacitated persons. This court operates under the Surrogate's Court Procedure Act and maintains specific filing procedures and document requirements. The court typically schedules a hearing within a reasonable timeframe after the petition is filed, allowing the judge to evaluate whether guardianship is appropriate. In Brooklyn, the Surrogate's Court is located at 2 Johnson Street in downtown Brooklyn. The court staff can provide guidance on local rules, but a Brooklyn family attorney provides comprehensive legal representation throughout the guardianship process, from initial filing through final appointment and ongoing compliance with court orders.

Once the guardianship petition is filed, the court will schedule a hearing where evidence is presented regarding the necessity and appropriateness of guardianship. At the hearing, the petitioner and proposed guardian may testify, and medical or other expert witnesses may present evidence about the ward's condition or needs. The judge will question the proposed guardian about their willingness to serve and their ability to provide appropriate care. If the court finds that guardianship is in the ward's best interest, the judge will issue an order appointing the guardian. A Brooklyn family attorney prepares the proposed guardian for testimony, coordinates witness attendance, and presents evidence in a manner that demonstrates the guardianship's necessity and the guardian's suitability.

A guardian of the property has fiduciary duties regarding the ward's assets and financial matters. The guardian must manage the ward's funds prudently, maintain separate accounts, and avoid any self-dealing or improper use of the ward's money. Annual accountings must be filed with the court detailing all income received, expenses paid, and assets held on behalf of the ward. The guardian may need to obtain court approval before making major financial decisions such as selling real property or entering into contracts. In some cases, a guardianship bond may be required to protect the ward's assets. A Brooklyn family attorney ensures that guardians understand these fiduciary obligations and maintain proper records to demonstrate compliance with court orders.

Guardianship may be terminated or modified under certain circumstances. When a minor reaches the age of eighteen, guardianship automatically terminates unless the minor is incapacitated or the court orders continued guardianship. Guardianship of an incapacitated adult may be terminated if the person regains capacity or if continuing the guardianship is no longer in their best interest. The guardian, the ward, or other interested parties may petition the court to modify or terminate a guardianship. Additionally, an individual who has been convicted of a crime or who engages in improper conduct may be removed as guardian. A Brooklyn family attorney helps guardians understand when guardianship may end and assists with any necessary court filings to modify or terminate guardianship as circumstances change.

Each guardianship situation presents unique legal and factual circumstances that require careful analysis and strategic planning. A Brooklyn family attorney evaluates your specific situation, explains your options, and guides you through every step of the guardianship process to protect the interests of the ward and ensure compliance with New York law.