Long Island Guardianship Attorney

What is Guardianship?

Guardianship is a legal process by which a court appoints a person to make legal decisions on behalf of someone who is unable to do so. Guardians may be appointed to make medical decisions for an incapacitated person and/or manage their financial affairs.

Who Needs a Guardian?

A legal guardianship may be required for minors, developmentally disabled adults, and adults who have become incapacitated and, due to the incapacity, cannot provide for their personal needs or manage their own property or finances.

Who Can Be A Guardian?

Guardians are typically close family members, but sometimes a neighbor, friend, a social services official, or a corporation is appointed as a guardian.

The basic requirements for a guardian are as follows:

• They are over 18 years old,
• They are a legal citizen of the United States,
• They are not professionals providing services to the person requiring a guardian,
• They are not in debt to the person requiring a guardian, and
• They have never been convicted of a felony.

What Does A Guardian Do?

Depending on the authority granted to the guardian by the court, guardians can have various duties, such as:

• Manage assets and make financial decisions on behalf of the person in need of a guardian.
• Make medical decisions on behalf of the person in need of a guardian.
• Handle the daily life of the person in need of a guardian.
• Assist with public benefits for the person in need of a guardian.

Court-appointed guardians on Long Island must demonstrate their ability to responsibly manage obligations and protect the interests of the individual. The court may adjust responsibilities and may require periodic reporting or court oversight. In Nassau and Suffolk counties, the process may involve additional documentation or updates that reflect New York’s strong focus on protecting vulnerable residents.

Guardianship Process and Timeline on Long Island

Understanding how guardianship works in Long Island helps families move forward with greater confidence. Most guardianship cases begin by gathering supporting documents and filing a petition with the appropriate county court, generally Nassau or Suffolk County Supreme or Surrogate's Court. The court usually schedules a hearing, appoints a court evaluator to interview the people involved, and reviews supporting materials such as medical records. The time from petition to a court's decision depends on the court schedule, how quickly you can gather required documents, and whether anyone objects. Many proceedings conclude within a few months, though disputes or incomplete paperwork can cause delays. A guardianship attorney in Long Island can answer questions and help families stay informed throughout the process. At Esther Schwartz Zelmanovitz, PLLC, we value transparency and kindness, communicating important updates and supporting our clients and their loved ones at every step.

Guardianship Costs & Financial Considerations

Families starting the guardianship process in Nassau or Suffolk County should consider the possible fees before proceeding. Costs can include court filing fees, legal services, medical evaluations, and possible bonding fees if required by the judge. Many courts publish standardized fees, but complexities in the case or objections can affect the total cost. In the long run, guardians may have ongoing obligations, such as filing regular accountings or reports, each with its own fee. To avoid surprises, discuss financial considerations at the outset and set a clear budget. Our approach at Esther Schwartz Zelmanovitz, PLLC involves clear explanations, accessible communication, and reliable support, so families can make informed decisions at every stage.

Get comprehensive legal guidance from a guardianship lawyer in Long Island you can trust. Call (516) 347-7356 or contact us promptly to schedule your consultation.

Types of Guardians:

Different types of guardianship cater to the specific needs of the individual.

• Guardian of the Person: The guardian manages personal decisions, including those about healthcare, education, and general well-being.
• Guardian of the Property: The guardian manages the individual's financial matters and submits annual financial accountings to the court. Property guardians may also need to secure a bond or marshal the person’s assets.
• Guardian of the Person and Property: A guardian may oversee both personal and financial decisions for the same individual.

On Long Island, each guardianship type serves a unique purpose based on the needs of the individual. Nassau and Suffolk courts frequently address issues for older adults, those with special needs, or minors who require support after losing a parent. The court looks at each situation to decide which arrangement best protects the person. The specifics of the process may change between Nassau and Suffolk counties, reflecting different local requirements and resources.

How is a Guardian Appointed?

The court appoints a guardian through a formal process. A guardianship case  is opened in Supreme Court or  Surrogate’s Court, depending on what type of guardianship the person needs.

The process begins when someone files a verified petition explaining why guardianship is necessary and naming the proposed guardian. Notice of the proceeding must also be sent to relevant parties, who can respond or object if needed.  In Nassau and Suffolk counties, the assigned judge will review the petition and schedules a hearing to examine the situation. In certain proceedings, the judge appoints a court evaluator, who investigates and interviews those involved. The evaluator’s assessment and any required medical reports help the judge decide what best meets the individual’s needs. After reviewing the evidence, the judge appoints a guardian and sets the scope of their powers as New York law requires. Guardianship proceedings on Long Island follow state law and local court requirements that safeguard individuals toward the most suitable outcome.

Reach out to a guardianship lawyer in Long Island for experienced legal support. Complete our online form to start the process promptly.

Different Types of Guardianships

In New York State, there are different statutes that govern and determine the type of guardianship proceeding necessary to have a guardian appointed in a particular case.

Article 17-A Guardianships

If an individual has an intellectual or developmental disability that renders them incapable of making decisions on their own and managing their own affairs, a legal guardian can be appointed by the Surrogates Court under Mental Hygiene Law Article 17A.

The most common petitioner seeking an Article 17A guardianship is a parent for a child who has an intellectual or developmental disability and has reached the age of 18 years old. While still a minor, the parent is automatically the legal guardian, but that ends on the child’s eighteenth birthday. Therefore, a guardianship proceeding is necessary for the parent to retain legal authority to make decisions for the adult child and manage his or her affairs. Such acts may include making medical decision-making on behalf of the child (i.e., consenting or withholding consent to medication, vaccines, or procedures) or financial and legal actions (i.e., banking transactions, signing a contract or lease, insurance management).

An Article 17-A Guardian can be appointed for either “the person” or for “the property”. Guardianship of the person is used when the individual has no assets of their own but requires assistance with their personal needs; guardianship of the property is used when an individual has assets that need to be managed.  The 17A guardianship generally lasts the length of the disabled individual’s life.

Article 81 Guardianships

An Article 81 Guardianship is a proceeding brought in Supreme Court by a person who is concerned about an alleged incapacitated person’s ability to care for themself due to incapacity.  A hearing must be held and the petitioner must prove by clear and convincing evidence that the alleged incapacitated person is likely to suffer harm because the person is unable to provide for their personal needs and/or property management and the person does not appreciate the nature and consequences of such inability.

The Court will only grant the powers to the Guardian which are absolutely necessary for the care of the incapacitated person and is the least restrictive form of intervention. This tailored authority affords the incapacitated person the greatest amount of independence while the Guardian provides for the incapacitated person’s personal needs and/or property management.   The Court will also determine the duration of the Guardianship.

Is there an Alternative to Guardianship?

People who complete advance directives, such as a health care proxy and a durable power of attorney with broad authority, often avoid the need for guardianship. Every adult should consider these documents, which allow someone you trust to act on your behalf if circumstances change unexpectedly.

Preparing these documents ahead of time often helps families in Nassau and Suffolk counties avoid lengthy and expensive guardianship cases. If a health care proxy or power of attorney already exists, it is likely a family can avoid the need for a court guardianship. This proactive planning gives families more control, keeps their affairs private, and reduces the potential for legal intervention in the future.

If you would like to learn more about guardianship and need assistance with the guardianship process, contact us today. Connect with a guardianship attorney in Long Island as soon as possible.

Frequently Asked Questions

How long does the guardianship process take?

While no two cases follow the same exact timeline, most uncontested guardianship proceedings on Long Island take two to four months from filing to appointment. Complex cases with disputes or missing documentation may take longer.

Will the court monitor the guardian after appointment?

Yes, New York courts require guardians to provide regular reports and, where appropriate, submit accountings to the court. This ensures ongoing oversight and helps protect the interests of those under guardianship.

Can we choose who will serve as guardian?

You may nominate a proposed guardian in your court petition, but the judge determines who serves based on the best interests of the person in need. Family members are often preferred, yet the court will review all circumstances before making a decision.

Our knowledgeable guardianship attorney in Long Island is prepared to guide you. Call (516) 347-7356 to book your consultation without delay.