Understanding Guardianship Protecting Your Loved Ones

1. Understanding Guardianship: Protecting Your Loved Ones WWW.QUEENS-PROBATELAWYER.COM

2. INTRODUCTION Life is never predictable, and as people get into the future, they may not know what to expect. Guardianship is one of the essential tools to ensure that those who need your help most—children and elders or physically or mentally challenged people – are protected and cared for when they cannot decide that for themselves. Knowledge of concepts as brief as what has been noted on this paper as well as the implications and how best to set it acts as a beacon to most parents to gain security for their guardianship. www.queens-probatelawyer.com

3. What Is Guardianship? • Guardianship is one of the legal capacities wherein a court legalizes a responsible person to manage the assets, person, or property of another person legally incompetent of the same in future decisions. This arrangement is typically used for: • Children who are not able to stay with their parents or whose parents are incapacitated to take care of them. • The last group of vulnerable people is the elderly with dementia or any other disabling condition. • Any senior citizens or other disabled people who need help in organizing their personal and financial or medical lives. • Guardianship can deal with many aspects of a person’s life focusing on legal, financial and medical aspects.

4. Types of Guardianship Guardianship of the Person This type of guardianship grants the guardian the responsibility of making decisions for the ward regarding the ward’s person, including his medical treatment, school and where he or she will be living. Guardianship of the Estate Here the guardian is responsible for ensuring that he settles bills and continuously oversees the responsive properties as well as investment.

5. Temporary Guardianship This is a temporary or short living arrangement for occasions where the requirement for custody is impermanent and NOT in whatever pops in mind. Limited Guardianship In this structure, the guard can only make decisions in areas where the ward lacks capacities and the ward retains decision-making power in other areas. Plenary Guardianship This refers to the highest degree of guardianship where the guardian takes full powers of the ward in all decisions in his or her life.

6. Who Needs Guardianship? • Guardianship is generally the last option when the others include, for example, power of attorney and trusts. It may be necessary in cases where: • Parents are too weak and sick to take care of a child. • An adult is disabled by sickness, accident or old age. • A child with Developmental/learning disabilities grows up and wants to independently live his/her own life.

7. Alternatives to Guardianship Power of Attorney: Delegates to a person the right some decisions of other parties without the intervention of the court. Healthcare Proxy: Officially authorizes one person to make decisions of medical management and treatment for a given person. Special Needs Trusts: Helps working people with disabilities make ends meet while ensuring they remain qualified for federal assistance.

8. Final Thoughts Nevertheless, legal guardianship is a valuable instrument which, however, implies considerable obligations and therefore should not be handled recklessly. It is crucial to study the nature of guardianship and look for the alternatives if you want to be able to decide what is best for your near ones and make them feel secure. Legal and financial advisers help to check that you moving in the proper direction for the benefit of your family.

9. Get in Touch +1 718-544-1000 contact@queens-probatelawyer.com 118-21 Queens Boulevard, Suite 504 Forest Hills, NY 11375 www.queens-probatelawyer.com