Rochester Guardianship Lawyers
The dedicated Rochester guardianship lawyers at Friedman & Ranzenhofer are highly experienced in assisting Western New York residents file for guardianship. We are happy to assist you in every step of the guardianship process.
When is a Guardianship Appointed?
New York governs the appointment, duties and authority of a guardian of an infant (any child under the age of 18). A guardian may be appointed of the person and property, of the person only, or of the property. The proceeding is brought in the Surrogate’s Court of the County where the infant is domiciled or if he/she is a non-domiciliary but has property situate in that County. If an infant is to receive monies over the amount of $10,000.00 pursuant to the terms of a Will, by the laws of intestacy, or by a wrongful death proceeding, a petition for guardianship is required by the Court.
New York also governs the appointment, duties and authority of a guardian of mentally retarded and/or developmentally disabled persons. Mental retardation means sub-average intellectual functioning which originates during the developmental period and is associated with impairment in adaptive behavior.
An individual like this, is a person that has been certified by a licensed physician and a licensed psychologist as being incapable to manage themselves and their affairs by reason of mental retardation or developmental disability and that such condition is permanent in nature or likely to continue indefinitely.
A developmentally disabled person (DDP) is a person whose disability:
- Is attributable to cerebral palsy, epilepsy, neurological impairment, autism or traumatic head injury.
- Is attributable to any other condition of a person found to be closely related to mental retardation, because such condition results in similar impairment of general intellectual functioning or adaptive behavior to that of mentally retarded persons.
- Is attributable to dyslexia from a disability described in subdivisions one or two (above) or mental retardation.
- Originates before such person attains age twenty-two, provided, however, that no such age of origination shall apply to a person with traumatic head injury.
These laws apply to the appointment of a guardian of the person and property, the person only, or the property only of either a mentally retarded infant or a mentally retarded adult (MR) and/or a developmentally disabled person (DDP). If a guardian is appointed for a mentally retarded and/or developmentally disabled infant, the guardianship does not terminate upon the infant reaching maturity.
Rochester Guardianship Lawyers Protecting You and Your Family
Guardianship is a very important legal tool that can be used to protect your loved one. Unfortunately, the process, standards and procedures can be very complicated. Our attorneys have served as legal counsel in many guardianship cases, a significant number of them contested. We are proficient at navigating the courts and the duties that must be followed to not only pursue guardianship, but also maintain it.
Contact Friedman & Ranzenhofer today to schedule a free consultation with our experienced Rochester Guardianship Attorneys. Let us help guide you through the process of protecting your loved ones.