Understanding Guardianship
Guardianship is a legal process that allows a person or organization to make decisions on behalf of another individual who is unable to do so due to incapacity or disability.
A person may need a guardian if they are unable to make decisions, manage their affairs, and are at risk of harm because of serious illness, disability, dementia, or other conditions that impacts their ability to think and act clearly.
Generally, a guardian is appointed by a court, often following a petition that details why an individual is incapacitated. Guardians must act in the best interest of the ward acting as fiduciary and employing “substituted judgment” (what the person would have wanted).
New York and Connecticut law recognizes several forms of guardianship based on the personal and financial needs of the incapacitated individual (18+) or the incapacitated individual (18+) with intellectual or developmental disabilities or guardianship of a minor/child, when there is concern that one or both parents are unable to care for a child.
Guardianship Reform and Support
Current trends and promotion for Guardianships focuses on treating it as a last resort rather than a first option. There are many alternatives to guardianship. Guardianship reform highlights that Guardianships should be used only when less restrictive alternatives are unavailable, such as Supportive Decision-Making, where the individual can make their decisions and choices with support from trusted advisors; Executing Powers of Attorneys and Trusts to avoid court-ordered Guardianship and Community Based Planning, creating a system of support that preserves maximum autonomy for individuals of all ages.
Today, Guardianship is balanced by a strong advocacy for supported decision making and a “least restrictive” ensuring the individual’s dignity is maintained.
There may be extenuating circumstances that impair an adult’s ability to manage their own affairs, such as a disability or an incapacitating medical condition. Navigating the guardianship process in these situations can feel overwhelming, especially if you are unsure where to begin or what legal steps are necessary. You don’t have to do it alone.
Call today and schedule a consultation at 914-498-8709.