Do I Need a Lawyer to Evict My Tenant?
If you find yourself in the position of caring for your loved one, whether it be an aging parent or a child with special needs who is approaching adulthood, you may be considering establishing a guardianship to ensure you can provide them with the level of care they need. That said, obtaining a guardianship can be confusing, and if you live in Rockland County, you’re most likely wondering which statutes apply to your circumstances, where these matters are handled, and how the process generally moves along. Continue reading and reach out to a seasoned Rockland County guardianship lawyer from The Law Office of Peter A. Hurwitz, PLLC to learn more about guardianship and how our firm can assist you. Here are some of the questions you may have:
Which court handles guardianship in Rockland County?
New York has three main routes families should know about:
- Article 81, Mental Hygiene Law: Rockland Supreme Court hears these cases when an adult cannot adequately manage personal or financial needs and is at risk of harm. This may come up after an illness or injury, or as dementia progresses. The court can give a guardian authority over only the decisions for which help is necessary. Learn more about Article 81 guardianship.
- Article 17-A, Surrogate’s Court Procedure Act: Rockland Surrogate’s Court hears petitions involving people with intellectual or developmental disabilities. Parents often begin asking about guardianship as their child approaches 18, since they will not automatically retain the authority to make decisions for their adult child. Article 17-A can give a guardian broad powers, so it is important to consider whether a less restrictive option would work. Learn more about Article 17-A guardianship.
- Guardianship of a minor: Rockland Surrogate’s Court can appoint a guardian under SCPA Article 17, including when a child has inherited money that someone needs legal authority to protect. Rockland Family Court also handles guardianship of children under the Family Court Act. If the issue concerns a child’s property, however, the case generally belongs in Surrogate’s Court. Learn more about child guardianship in Surrogate’s Court.
These courts all list the Rockland County Courthouse at 1 South Main Street in New City. Although the address is the same, the law governing the guardianship determines which court will hear the case.
Guardian of the person or property: What is the difference?
A guardian of the person makes authorized decisions about someone’s care, health, and living arrangements. A guardian of the property handles financial matters, such as bills, benefits, or assets. The court may appoint someone to fill either role, or both, depending on the circumstances.
For example, a parent may be fully able to care for a child who has inherited money, but the child may still need a property guardian. Likewise, an adult who needs help paying bills may remain capable of making personal decisions.
Does your family member need a guardian at all?
Before appointing a guardian, a court will ask whether there is another way to meet the person’s needs. A power of attorney, health care proxy, supportive services, or supported decision-making arrangement may be enough in some cases. Under Article 81, the powers granted must provide the least restrictive intervention appropriate for that individual. Families considering Article 17-A should also explore whether a less restrictive arrangement can provide the necessary help.
What happens from petition to appointment?
First, the petitioner files papers explaining why guardianship is needed and what decisions the proposed guardian should be allowed to make. The court then requires notice to the appropriate people and reviews the evidence. An Article 81 case includes a hearing and often a court evaluator’s investigation, while an Article 17-A petition generally requires medical certifications. In Surrogate’s Court, a child who is 14 or older must consent to the appointment of a guardian.
If the judge grants the petition, the court’s order will explain the guardian’s authority. There may also be qualification steps, training, a bond, or reporting duties afterward. A Rockland County guardianship lawyer here at The Law Office of Peter A. Hurwitz, PLLC can help you determine which petition fits your family member’s situation and what authority to ask the court to grant.
Contact our legal team for an initial consultation today so we can help you obtain a guardianship for your loved one and the peace of mind you deserve.
