Who Can Become a Legal Guardian in New York?

If a loved one can no longer care for themselves due to age, illness, or disability, you may need to step in legally to make decisions on their behalf. In New York, the courts allow responsible individuals to become legal guardians for someone who cannot manage their personal or financial affairs.

This guide explains who qualifies as a guardian, the different types of guardianship, and how the process works in Bensonhurst, Gravesend, Brooklyn and Beyond.

What Is Legal Guardianship?

A legal guardian is someone the court appoints to make financial, medical, or personal decisions for another person (called the ward). Guardianship is usually needed when a person can no longer make safe, informed decisions due to:

✔ Aging-related conditions (e.g., dementia, Alzheimer’s)
✔ Serious disabilities (physical or mental impairments)
✔ Accidents or illnesses that cause incapacity

If no power of attorney or healthcare proxy was created before they became incapacitated, a guardianship may be necessary.

Who Can Be Appointed as a Guardian in New York?

New York law allows the court to appoint a guardian based on the best interests of the incapacitated person. The following people can typically petition for guardianship:

1. Family Members

✔ Spouses, adult children, parents, and siblings are often preferred as guardians.
✔ Courts favor close relatives who are responsible and involved in the person’s care.

2. Close Friends or Caregivers

✔ If no family members are available, a trusted friend or long-term caregiver may be considered.

3. Professional Guardians

✔ If no suitable relatives or friends are available, the court may appoint a professional guardian (such as an attorney or social worker).
✔ This is common in cases where family members disagree or there is financial abuse risk.

4. Guardianship Agencies

✔ In rare cases, non-profit organizations or public agencies may act as guardians for individuals who have no one else to care for them.

📌 Important Note: The court always evaluates the potential guardian to ensure they are financially responsible, mentally capable, and have the best interests of the ward in mind.

What Are the Different Types of Guardianship?

New York courts tailor guardianship to fit the needs of the incapacitated person. The main types include:

1. Guardian of the Person

✔ Makes decisions about healthcare, housing, and daily living.
✔ Example: Choosing a nursing home or approving medical treatment.

2. Guardian of the Property

✔ Handles financial matters, including managing assets, paying bills, and handling government benefits.
✔ Example: Preventing financial abuse or mismanagement.

3. Guardian of the Person & Property

✔ Has both medical and financial decision-making power.
✔ This is common in severe incapacity cases (e.g., late-stage dementia).

📌 The court carefully determines the level of guardianship needed, ensuring the individual retains as much independence as possible.

How Do You Become a Guardian in New York?

The Article 81 Guardianship process in New York involves several legal steps to protect the rights of the incapacitated person.

1. File a Petition in Court

✔ A family member, friend, or professional files a petition explaining why guardianship is necessary.
✔ The petition should include medical records and financial details.

2. Court Evaluator is Appointed

✔ A neutral court evaluator investigates the case, interviewing the incapacitated person, doctors, and family members.
✔ They report back to the judge with recommendations.

3. Guardianship Hearing Takes Place

✔ The judge reviews evidence, listens to testimonies, and determines if the person truly needs a guardian.
✔ If approved, the guardian is officially appointed and given legal authority.

4. Guardian Takes on Responsibilities

✔ The guardian must file annual reports to ensure they are acting in the best interest of the ward.

How Long Does the Guardianship Process Take?

The process usually takes several months, depending on:
✔ How complex the case is (e.g., contested guardianships take longer).
✔ How quickly the evaluator files their report.
✔ Whether family members agree or dispute the guardianship.

📌 If there is an emergency (such as financial exploitation or medical risk), temporary guardianship may be granted faster.

Do I Need a Lawyer for a Guardianship Case?

✅ Yes. Guardianship cases involve court hearings, legal documents, and strict reporting requirements. A lawyer can:
✔ Ensure your petition is filed correctly to avoid delays.
✔ Represent you in court hearings if there are family disputes.
✔ Help gather medical and financial evidence to support your case.
✔ Make sure you understand your responsibilities as a guardian.

Even when families agree on guardianship, having a lawyer makes the process smoother and faster.

Need Help with Guardianship? Speak with a Brooklyn Lawyer Today

If you need legal guardianship for a parent, relative, or loved one, our law firm can help. We assist families in Bensonhurst, Gravesend, and all of Brooklyn with the Article 81 Guardianship process.

📞 Call or email us today for a consultation: 347-692-0222 | 7622LAW@gmail.com