People who understand that an older adult needs support can petition the courts for an adult guardianship. Both family members of the person in need of assistance and professionals who work with vulnerable adults could initiate guardianship proceedings.
If the courts agree that an older adult requires support because they cannot act in their own best interests, they can authorize another adult to assume control over medical and financial matters, as well as the details of day-to-day life. In some cases, the courts may determine that the person who initially petitioned the courts cannot serve as guardian and may appoint someone else to the role.
What are the baseline requirements for a New York guardian?
Guardians must be competent, trustworthy adults
As a general rule, only legal adults can accept the authority that comes with adult guardianship. Additionally, the guardian must be either a citizen or a lawful resident of the United States.
Guardians must be assertive, organized and trustworthy enough to uphold the fiduciary duty they have to the adults in their care. They must be able to manage matters on behalf of another person and consistently act in that person’s best interests.
Criminal records can potentially make people ineligible for guardianship, although the severity of the offense and how recently it occurred can influence what a judge ultimately decides. The judge hearing the case has the final say regarding who they appoint and who is theoretically ineligible to hold that authority.
When there are questions about who should serve as guardian, or if a prior criminal offense could interfere with a guardianship petition, an attorney could help people evaluate the situation as objectively as possible. Securing legal guidance is often necessary for those seeking guardianship when someone cannot handle their own affairs anymore.