I Have Been Appointed as Guardian in New York, Now What?

gaurdianship attorneyYou have now been appointed as Guardian of the Person and/or Property in New York. You have participated in the hearing and have been told by the judge that you will be acting as Guardian for the incapacitated person. Listed below are steps which must be taken to qualify as a Guardian after the hearing.

  • Review CAREFULLY the Order and Judgment appointing the Guardian of the person and property- The order explicitly lists out what is expected of the Guardian, the powers of the guardian, and the necessary duties that the guardian must fulfill.
  • Guardianship Training Class- The law requires that Guardians go through a training class. As Guardian of the Property the guardian must act as a fiduciary for the incapacitated person, and keep meticulous records. The class explains what is expected of the guardian by the Court.
  • Bond- the Order and Judgment will often set a surety bond to protect the assets of the Incapacitated Person. The bond is like an insurance policy, which is paid for from the incapacitated person’s money. If the guardian were to misappropriate the funds of the incapacitated person, the bond would secure the monies of the incapacitated person.
  • Oath and Designation- This is an oath from the Guardian designating the county clerk for service if the guardian cannot be located.
  • Commission- This states that the bond has been obtained and filed, and the oath and designation has been filed. It allows the person to begin acting as the Guardian and marshalling assets.
  • 90 day report- 90 days from filing the commission the guardian must submit a report to the court examiner, the person appointed to review the actions of the guardian, and to the court. The report lists the assets marshaled, the assets that have not been marshaled, and what actions are being taken on behalf of the incapacitated person.
  • Annual Accountings- Every year a report is due in May to the court examiner and the court. This report lists all the monies that were received and expended. The Guardian is responsible for keeping very detailed records and showing all the money that has come in and all the money that was spent on the incapacitated person.

Having an attorney help you with all these steps can help protect you as Guardian.

, please feel free to give us a call at (718) 875-2191 or request a consultation.

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