Guardianship Lawyer Serving Long Island
For many reasons a legal guardian may need to be appointed for the purpose of overseeing the personal rights or property interests of an individual. Under a guardianship the person has the legal authority to manage these interests due to another's incapacity from illness, a disability, age or mental state. The guardian has a duty to watch over and protect these interests and is responsible for the safekeeping and well-being of the incapacitated individual or minor.
Who appoints a guardian?
A guardian can be appointed by a court and this is generally the case. However there are certainly cases where an individual can appoint a guardian for another. The most common would be a parent appointing a guardian for a child. As parents are generally the natural legal guardians of their children they might choose to select a legal guardian. This would be done to protect the children's interests in the case of parental death. Otherwise they risk leaving the appointment of a guardian to the courts in such an event.
Forms of Guardianship
There are several types of guardianships for different circumstances and needs. Most often a general guardian is appointed. This means that they are entrusted with the authority and duty to manage both personal and financial interests for another. However some circumstances may call for more limited authority and arrangements such as this can be created. Working with a Long Island estate planning attorney will clarify what solution will best fit the given need.
Guardianship Cases in Long Island, NY
The Law Office of Michael J. Brescia, P.C. has many years of experience in the execution of the duties and responsibilities of a guardian. In fact we are frequently chosen by the Surrogate's Court to be appointed as a guardian ad litem for the representation of infants and the disabled in all Court proceedings. (A guardian ad litem is appointed to represent a person's interests in a legal action). If you are seeking assistance in a guardianship matter we can help. Quite often such appointments are heavily focused on areas of financial interests and a strong working knowledge of Estate and Trust Law, Elder Law, Real Estate, and Business Law is important to protect the assets under control.