Children and other relatives, such as nieces, nephews, and cousins, frequently consult Elder Law about their legal rights and obligations when a guardian proceeding is commenced either by the Department of Children and Families or another family member. In many cases, the children and other relatives live out of state, making it extremely difficult to participate in the guardianship process.
Elder Law fills this void by attending all hearings scheduled by the court and filing legal papers with the court outlining our clients’ position regarding the need for the appointment of a guardian, who the appointed guardian should be, the development of a care plan for the ward and the development of a plan for the management of the ward’s assets.
In some cases, guardianship matters are adversarial due to family conflicts. Elder Law has extensive experience handling contested guardian proceedings. Therefore, we can guide our clients through very difficult and often emotional proceedings.
A guardian advocate may be appointed by the court if an adult person has a developmental disability and lacks the capacity to do some of the tasks necessary to care for himself or herself, or his or her property or estate. This is the least restrictive, and less costly, type of guardianship for people with developmental disabilities and does not require a determination of incapacity or the appointment of an Examining Committee. Usually, a parent files for appointment as guardian advocate after a disabled child reaches the age of 18, as the parent no longer is legally able to make decisions for the adult child.
The guardian advocacy process requires the filing of court documents, attendance and presentation of evidence at a court hearing, and the post-appointment filing of court documents. A guardian advocate is obligated to file all paperwork required under a traditional guardianship, including annual plans and accountings.
Elder Law advises clients regarding all aspects of legal guardian advocacy proceedings. We provide Guardianship Litigation services throughout New York and Florida, and particularly in the following cities/municipalities and surrounding communities in South Florida near our offices:
For more information, contact us today. At Elder Law, we give families peace of mind.