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People also ask
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How long does it take to get guardianship in New York state?
A Guardianship case can months to complete. Initially, a petition is filed with the Court along with a proposed Order to Show Cause. After review, the Court will sign the Order to Show Cause which sets the Court date which is usually 3-4 weeks later.
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What is legal guardianship for adults in NY?
Guardianship requires going to court and only a judge can appoint a guardian. 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.
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What qualifies as a parent or guardian?
The term “parent” includes a legal guardian or other person standing in loco parentis (such as a grandparent or stepparent with whom the child lives, or a person who is legally responsible for the child's welfare).
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What are the rules for guardianship in NY?
Article 81 Guardianship In order to appoint a guardian, the court must find that a person is: Unable to meet some or all of their personal and/or financial needs; and is. Incapable of making reasonable decisions; and is. At risk of harm because they do not recognize that they need help.
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What is an example of a legal guardian?
Legal guardians can be relatives such as an aunt, uncle, or grandparent. A person may need guardianship due to death, incapacitation, or incarceration for a crime. Adults with severe handicaps may need a legal guardian to care for them and act on their behalf.
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How much does it cost to get guardianship in NY?
Attorneys' fees for opening any guardianship can range from a minimum of $1,500 to an average of $3,500.
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Who is your guardian when you are 18?
FACT 2: Parents are not automatically your guardians when you become an adult. In most states, the law says you are an adult when you turn 18 years old. To become your guardian when you are an adult, your parent or another person has to go to court and get a court order. A judge decides if you need a guardian.
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What is a better alternative to guardianship?
Supported decision-making or SDM is an alternative to guardianship where individuals retain their right to make decisions for themselves, with the support of trusted individuals they choose.
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