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Contested Guardianship Attorney Queens Services: Resolve Issues…Faster!
Facts: 16 percent of people in the US have difficulty with their physical functioning.
Getting a guardian for your child or an adult parent can have a domino type effect to your life. You will undergo a lot of emotions trying to picture how you will move ahead with your life when you have given the rights of decision making to someone else. We understand this – we have assisted so many people through the experiences that make this process less stressful and more rewarding.
We always offer a strategic approach that is focused on looking at the pieces of the guardianship process and bringing them together. Many factors can complicate the process, and we offer a sophisticated approach that makes the whole process manageable.
Who is a Legal Guardian?
Guardianship is a legal role that has been appointed to work with another person on their behalf. The person that is appointed to be a legal guardian is allowed to make medical, personal and financial decisions on behalf of the ward. In many cases the ward is usually a minor or a physically or mentally disabled person that cannot perform their tasks on their own or make vital decisions without any assistance.
Article 81 Guardianship in New York
This is a very specific court proceeding that is brought by a family member on behalf of another member that is an adult that has diminished capacity to handle personal or financial decisions due to a medical condition or mental defect.
This proceeding is ideal when a person that is incapacitated hasn’t drafted a power of attorney or a healthcare proxy because they have a mental or medical defect or the legal capacity to do this.
This article is necessary to have a guardian that will have legal authority to make financial and medical decisions for a person that is incapacitated.
Types of Guardians
You will come across different types of guardianships that you have to chose, and your choice is based on the circumstances that exist, and the best interest for the ward. The probate court looks at various factors for instance the relationship between the ward and the guardian. This will help them make the perfect decision when choosing a guardian.
Guardianship of the Estate
This guardian oversees all aspects of the estate – including preserving it, investing it and even disposing of it. He also takes charge of the financial matters that relate to the ward including paying of bills and managing their checking accounts.
Guardianship of the Person
Here, the guardian is responsible for the non-financial decisions of the ward. These include finding a place to live, deciding whether the person marries or not and more.
General Guardianship
This relates to both the person and the estate.
Co-guardianship
This can be guardianship of the person, estate or both. This is where more than one person shares the role of decision making equally.
All these types of guardianships can be limited or full in nature, whereby limited guardianship puts a limit on the decisions that can be made, and full guardianship gives all the rights to the guardian.
The Contested Guardianship
Today we look at the contested guardian situation. Usually, the guardianship isn’t contested at all – it goes as planned. However, at times a situation arises where the legal guardian cannot provide what is expected, or the relatives feel that they aren’t ok with the named person – a contest erupts.
A good example is when the person that has been appointed is deemed not fit to take care of the ward as expected. In many ways, contested guardianship is usually connected to abuse or neglect. So, in short, a contested guardianship is all about parties that are challenging the order that is appointing the guardian. When you come across this situation, it is always good to opt for expert guardianship attorney Queens services.
It is Upon the Court to Determine Who is Fit to be a Guardian
As we have said previously, the court has the mandate to decide who the guardian becomes. The court takes time to consider various aspects of the guardian and the ward before they make a decision. The nature of the wards condition has a huge bearing on the success of the guardianship process. The factors that affect the choice of a guardian for a child aren’t the same factors that affect the choice of a guardian for a disabled person.
Some aspects make the process faster, for instance, if there is a guardianship letter, then the process becomes easier. You also need to understand whether the guardianship is temporary or emergency in nature.
When there is a contest against the guardianship, the court has to revisit the determining factors to determine if the initial assessment still stands. The court will analyze these factors to determine whether to accept the contest or reject it.
In many instances, the guardianship gets contested when there is new evidence that comes up that show that the current legal guardian isn’t fit to care for their ward.
Competing Guardianship Applications
At times, you will find that more than one person applies to be a guardian. Normally, the situation is such that only one guardian applies to the role, but when more than one application comes in simultaneously, then this is called a competing guardianship. For instance, say a parent needs a guardian, and then three of the kids apply to be the legal guardian.
In any case, the judge still has to receive all the applications of the kids and then analyze them to determine which one is the best to serve the interests of the ward. The decision can be hard or easy. It can be hard when there are two siblings looking for the same role, and their background check shows a similar result – this can be taunting because then the results can be close. Every interested party needs to give the court enough evidence to support the claim as to why they are the best for the task.
Complications can also arise when there needs to be a termination of the guardianship. In most cases, the guardianship is a temporary thing that will terminate when the circumstances that require the guardianship have been successfully handled.
In most cases, the guardianship is terminated when the ward turns 18 years of age. A guardian also has the ability to terminate the guardianship by filing a petition with the court. If a person is interested in the guardianship, they can push for termination so that they can take over.
Contested Guardianship Proceedings
You can commence the guardianship proceedings by filing an order to show cause. Some of the cases are straightforward, but others need the deliberations of the court. As a guardianship attorney offering expert guardianship attorney Queens services, I have handled clients and have noticed that many of the disputes come with a common theme.
If you have ever been in a will contest, then you have an idea of what will happen when you are in the guardianship contest. The will-maker has the capacity to designate a certain member to be the guardian. However, other members can contest this and make the process longer, especially if they don’t trust the proposed guardian.
At times the guardian will oppose the petition and set forth a position where the ward declares that he doesn’t need a guardian any more. The court will come up with a determination to see whether the ward really needs a guardian or not.
There are instances when the ward is incapacitated and cannot manage their daily activities. However, before they become incapacitated, he would have signed and established a durable power of attorney, a living trust or health care proxy. If there are alternative directives that the ward has established before, then there might not be the need for a guardian.
The relatives might go ahead and contest the validity of these directives. For instance, if the court realizes that the advance directive was signed after the person was incapacitated; the court has the power to revoke the establishment.
Objecting to the Guardianship
You might find yourself in two spots when a guardianship is contested – you might be the guardian or you can be the person objecting to a guardianship. If you are in the latter, then there are different ways that you can object to the guardianship depending on the situation.
Before the Guardian is Appointed
This happens when you realize that there is a proposed guardianship. The person that has decided to petition for guardianship at the court will send you a citation telling you when the court hearing is scheduled. At the hearing, the judge decides whether or not to appoint the guardian. If you plan to contest the guardianship, you might have to attend the hearing and then raise the concerns at this time.
You have to file an objection showing why you are opposed to the guardianship. Remember you need to pay a fee to submit the document. You can decide to object the hearing so that another person is appointed, or you can object to the hearing so that you are considered as the guardian. If you are many people seeking guardianship, the judge might have to hold a trial before deciding the person to appoint as a guardian.
After Appointing the Guardian
Once the judge appoints the guardian, opposing the process becomes tough and more complicated. Opposing the guardianship comes with a few options. First, you can ask the court in Astoria to undo the guardianship and then restart the process. For this to work, you need to prove to the judge that the order was obtained in a wrong manner, by mistake or through fraud. You need to file the motion within 6 months of appointing the guardian.
You can also ask the court to remove the guardian and replace him with another one. This can happen when the guardian has forgotten their duties, mismanaged the estate or isn’t suitable to continue serving as a guardian. However, another person needs to file the paperwork so that he can take over the role going forward.
You can also decide to ask the court to end the guardianship. This applies when the guardianship is not needed anymore.
Do You Need Expert Guardianship Attorney Queens Services?
If you plan to contest the position of a legal guardian, you need to consult with a skilled attorney. The lawyer can help you to understand the laws of the state regarding guardianship, as well as the options you have. You also get to know your legal rights. The lawyer has the capacity to represent you in court as necessary.
How to Find the Best Local Guardianship Lawyer
Guardianship laws vary depending on what state one comes from. Similarly, not all guardianship lawyers are the same and can deliver what you want. Different considerations can help sift from among the heaps of lawyers to find the one suitable for your needs. This article offers some tips that can guide your hunt for the best local guardianship attorney Queens practice.
Background and Competence
This is the first consideration since one does not want to assign this destiny-defining duty to a quack. One should be interested in understanding the requirements that have to be satisfied to be a certified guardianship lawyer. One then goes checking if the lawyers they meet foot this bill.
Apart from qualifications and being certified, the lawyer must be confident that he can help tackle the legal issues that your case and others bring. They must have the legal and contextual knowledge for the respective state in which jurisdiction the guardianship process has to be initiated.
Experience
A lawyer is as good as the record that backs up their specialty practice. Inquiring about a particular lawyer’s cases and their nature is vital in evaluating their experience. You will also relate the cases to yours to know if they are a good fit for you to engage in. The lawyer should be able to see the different dimensions of your case and explain it to you based on his experience.
Financial Implication
Legal fees can be prohibitively high, and therefore one has to want to know the charges that apply. Different lawyers may apply fees of differing amounts. Your aim is to try and attain cost-efficiency. This is by finding a lawyer of satisfactory or outstanding performance history and rich experience.
However, that should come at a cost that is not too high as your estate, and monetary assets have to determine your ability to pay. It is about finding the lawyer that does not break out of the budgetary capacity of your assets and resources. While there are risks involved, one could compare the prices of lawyers and engage them online.
Specialization Matters a Lot
Lawyers are not for everything. They have specializations depending on their legal and experiential interests. Guardianship is a specialty, and one should be looking for the one that has practiced in this sub-branch of family law. Even when within this, there are niches, and hence you, as a client, have to be willing to research to know the characteristics you are going to be looking for in a lawyer based on the nature of your guardianship needs.
Accessibility is Key
Law for those who are outsiders can be complicated, and often cases and processes are high-stake. This describes the nature of family cases, such as guardianship. It is a priority that you find a lawyer that can reach and can dedicate quality time to handle the issues you want to be addressed, answer questions, and think everything through well.
This means that local lawyers are better off as they can be reached physically and logistical hurdles do not present challenges of accessibility. Local lawyers also have familiarity with legal infrastructure, including offices, services, and courts, and hence can guide you through process and transition along stages with greater ease.
Use Specialist Services
You should try to check available catalogs that lost law firms dealing with family cases and guardianship in particular. These can also be found online, and they can help you assess the merit of the potential lawyers that can be engaged for this duty.
With suggestions available for you to work with, one only needs to delve into research about the specialists’ credentials based on what this article is discussing. For specialists with an online portfolio, feedback from previous customers and reviews can help estimate the satisfaction rate. You could develop an inclusion or elimination criteria that can narrow down to the most desirable ones.
Should be Willing to Meet Up
Before you can settle on one, try to reach out and see which firms are inviting. Those who agree set up appointments to meet and inform them about the case you have for them to take up. Use the meeting to inquire, assess, and question, and you can compare the responses among the different firms. You can make your decision based on this.
Family cases require you to be clear about the lawyer you want and the attributes you are looking for. You have to be objective about how you determine the best choice of a lawyer. This is why you must engage actively in the process and consider the factors that have been provided and which can guide your search.
Confident game on the legal field. We will protect you from problems!
Marianna Schwartsman
Why Choose to Work with Us
Guardianship attorneys in Astoria assist you to select a favorable guardian on behalf of a ward. Probate courts are often entrusted with the responsibility of establishing guardianships if a loved one’s heir is unable to make critical financial, medical, or legal decisions.
Carrying out guardianship proceedings without the assistance of an attorney leaves you with very little chance to influence the decision of the court while naming a guardian for the incapacitated loved one.
Every guardianship client desires to ensure that the person named as a guardian is responsible enough to ensure that unreasonable liabilities do not occur during the time of a ward’s inadequacy.
Our practice takes pride in providing you with strategic advocacy to ensure that your guardianship case is handled as required. We work with a team of experienced and dedicated attorneys with years of experience in handling similar cases.
If you are wondering why you should choose us over other guardianship attorneys, here is why:
Our Representation is Tailored to Your Needs
Personalizing each guardianship case is one of the hallmarks of our practice. Since the inception of our firm, we have always treated each case uniquely. Examining each case individually has been our guarantee for success. We rarely lose when it comes to guardianship cases.
Once you commit to working with us, we first seek to establish your needs, then tailor our services to meet these needs. We carry out our assignments using high-quality and comprehensive procedures that are also cost-efficient.
Our guardianship attorneys are trained to provide individualized representation to each case. We boast of several decades of combined legal experience and have successfully handled several high-profile cases before. Our team of lawyers understands what it means to fight for our clients and we always use the best tactics to facilitate a win.
We Review Your Case Objectively
We owe our track record of continued success to the fact that we review client cases accordingly before making any recommendations. Our advocacy strategies are tried and tested. Working with us assures you that you will receive representation from the most reliable attorneys who you can always trust.
We have worked with countless clients before and our history of success speaks for itself. We never provide hurried advice as this may cause you to make misinformed decisions. We take the time to gather all the requirements for your guardianship case before commencing with the petition.
We also take time to explain the process to you and provide you with all the legal guidelines necessary to get the process moving. We also ensure that you are aware of the pros and cons of making certain legal decisions during this period. We always want to ensure that every risk associated with your case gets mitigated early enough.
We Boast of Sound Professional Qualifications
All our guardianship attorneys are professionals in the field. We also work with other legal experts who can handle diverse legal areas at the same time. Working with us ensures that you find all your legal services in one place.
We are highly respected within the region because of the contribution our attorneys have made in helping several people to achieve success in their guardianship cases. Our attorneys have been trained to work as a team, and as each of them brings a blend of skills and experience onboard, our clients are assured of the best advocacy and legal representation.
Our practice has a long–standing commitment to the interests of our clients. Over the years, our team of professionals has excelled in all matters of guardianship. We always put our focus on assisting our clients to understand their legal rights as they work with us.
Our aim is in obtaining positive results for you.
We Offer the Best Service
As our client, we promise you high standards of service. We regularly assess our strategies with the focus of providing the best value to our clients. We acknowledge the fact that our clients come first, and strive to ensure that their interests are met.
We ensure that each step of the guardianship process is carried out according to law and that excellence is demonstrated in every aspect of your case. We commit to providing you with the most adequate legal support to help you achieve possible success.
As your guardianship case proceeds, we keep on advising you on the right actions to take just to ensure that your assets remain protected. We communicate any new information and changes in the process as soon as possible.
We Come Widely Recommended
Our practice is quite fortunate to have several clients that are happy to recommend us to other people seeking legal representation for their guardianship cases. Our legal team of attorneys is widely recognized for the high standard of work they offer.
We are also renowned for providing more affordable services. Once you book an appointment with us, we shall get the basic details of your case and use them to establish a preliminary quote.
The cost varies depending on how complex your case is. However, we are always clear on our terms, and will always explain how we arrive at the charges on the quote. We never introduce any hidden charges once the process starts.
We are Highly Networked
Our guardianship attorneys liaise with a wide network of counselors and other professional experts who can assist you handle every eventuality of your case while preserving your assets.
We understand that finding a reliable law firm can be a daunting process and that choosing the wrong one can be quite detrimental. We continuously focus on cultivating our trust and give you more reason why you should continue choosing us over other practices.
We spend a good number of days in court working with judges and other court staff. We, therefore, understand the process involved in handling guardianship proceedings and can make things easier for you. We have learned to maintain good relationships with everyone just to ensure that your case proceeds as required.
We do not limit our services to the court – we pride in handling every challenge and dispute that arises. We aim at working with you and any other person involved in the case as one team.
We Care
Although any practice can handle your case, it may not offer you the best care as we do. Our priority is you and your family. We understand that guardianship is a difficult process and work to shelter your family from any negative facets as possible.
After your case is concluded, we are always available to assist you with any post-judgment challenges that arise. You can trust us to handle any possible situation that may occur in a way that does not cause any unnecessary legal fees.
If your case becomes too complicated to be solved, we always fight hard and use all the possible resources and strategies to win. We do not fear the courtroom and have always won most cases without a struggle.
Our goal is to ensure that you feel comfortable with the entire guardianship process. We always insist on maintaining a close relationship with you to understand how best to protect your family at this time.
We Handle Varied Interests
Guardianship is a decision that can only be made when the beneficiary of a deceased person’s assets is a minor or incapacitated in some way. For an adult to be assigned a guardian, they must be suffering from certain physical or mental conditions that hinder them from making sound financial, legal, or personal decisions.
Our attorneys have been trained to handle each case, despite the cause. We are specialized in facilitating disability rights, preventing abuse of the elderly, planning medical aid, and provision of special needs. We are also experts at facilitating child custody and child support.
We understand that society is diverse and that each client has different needs. We work hard to ensure that you remain optimistic about the entire process. Our staff has been trained to identify the uniqueness in each case and use this information to craft possible solutions and outcomes.
We Value Confidentiality
Our staff has been trained to treat the details of your case with the utmost confidentiality. We understand what information needs to be presented in court and what needs to remain private.
Signing an agreement with us gives you a legal right to hold us accountable should any information given to us become public. You can always talk to us about any concerns surrounding your case since you can always be assured of our trust.
In case you are worried about allowing the probate court to name a guardian for you, you can rely on us to assist you to make your own guardianship application. Getting the necessary documents in place before approaching us ensures that the process does not consume a lot of time.
Since our major focus is guardianship, you can be sure to find the necessary guidance and assistance you need with the process. We follow rigorous processes that help us meet your interests.
How we work:
Our usual process
Step 1 – Contact
Step 2 – Review and Analysis
Step 3 – Additional Screening
Step 4– Work Ethics
Step 5 – Results
1. Communication with the client.
Every day, our experts are ready to advise you for free!
2. Problem analysis
After providing legal advice and analysis of your documents.
3. Performance of work
The work process of our company’s specialists is based on complete transparency and constant informing of the client.
4. Positive result
After the court has satisfied your claims
5. Your rating, our work
Then we deliver the specified documents to you at a convenient time for you
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Frequently Asked Questions
The process is not complex, but for one to become a guardian, they have to go through a series of reviews to ensure they are capable of the role. The court has to confirm that one has a relationship with the ward, are financially stable, and of sound mind. When this has been determined, then the court decides whether you can be a guardian on not.
If the decision is yes, then you go through the following process:
- Go to court and fill out the necessary forms. That is why it is easy to work with a lawyer as they know the right places to go to and the right documents to fill. If not, work with a court clerk to support you through this stage.
- Give notice to the people who would need to be involved in the hearing guardianship hearing and their required attendance. This includes any relatives to the child, a lawyer, etc.
- Attend the hearing as required. This is where all the evidence will be presented to confirm that the person in question needs a guardian. You also get to answer all the questions posed by judge to prove that you are best suited to be the guardian.
- Wait for the court’s decision on the matter.
- You will receive a court order that gives you the go-ahead to be the guardian, which you then file with the court clerks.
- Depending on the terms, you will need to appear in court often to give the status of the guardianship.
In most cases, yes. The process mostly involves the family and relatives of the person in need of guardianship. If the appointment was made via a will, it will only be a process between the court and the appointed guardian. It can only become a public process if there is a petition to contest the guardianship, which now becomes a court issue exposed to the public.
In some cases, the court can deny you the right to be a guardian to a person. This is always after doing a thorough review of the situation and concluding that you are not capable of being a guardian. You may be able to appeal and try again, but it is advisable that you first find out why they made such a decision.
Guardianship lasts for as long as the guardian is capable of their duties, and the person is still a minor or incapacitated. This means the time frame highly depends on the person’s age and how long it takes for them to get to adulthood or start taking care of themselves.
The court can terminate guardianship under some special circumstances, like if the guardian is not doing a good job or not following the guardianship rules and regulations.
In some rare cases, the guardian can also decide to terminate the guardianship through court, especially if they realize they cannot comfortably perform the role.
Anyone can easily become a guardian, but there are always some bare minimum qualifications looked at by the court before approving.
- You must be legally an adult: It is impossible for a minor to be assigned guardianship responsibilities. In most cases, adulthood starts at 18, but in this case, a lot of other factors are looked into.
- Mental stability: You have to rationally make the right decisions to be a guardian.
- You cannot be under guardianship: While under someone else’s guardianship, you cannot be someone else’s guardian. The mere fact that you have a guardian means that you cannot take care of yourself or make some independent decisions.
- Financial stability/career: Guardianship sometimes comes with some financial responsibilities. If one is broke, they would have a hard time taking care of someone else.
- Criminal record: Someone with a criminal history might have a harder time becoming a guardian than someone with a clean record. However, some convictions are more likely to hinder your application to be a guardian, and this final decision is mostly made by the judge. Anything that involves child abuse, violence, sexual abuse is bound to hinder you from guardianship.
