“I need a Guardianship.”
East River Legal Services gets many applications from clients wanting a guardianship or conservatorship to protect a vulnerable person. A guardianship or conservatorship is a serious responsibility that must be filed with the court and approved by a judge.
A guardianship means that an individual or agency makes all decisions for a specific individual that is not able to manage their affairs. A minor child is usually the subject of a guardianship, but sometimes adults are appointed a guardian. A guardianship includes all personal affairs like finances, housing, therapeutic treatment, and other life decisions. A conservatorship is limited to making financial decisions for a vulnerable person, but that person can make their own health care decisions, for example.
A guardian or conservator is often a family member, but a guardian or conservator could also be an agency that helps vulnerable individuals who don’t have a family member willing or able to help. Whether they are a family member or an agency, guardians or conservators are expected to be in contact with the individual for which they are making decisions so they can make decisions in the best interest of that individual. The court requires an annual report from the Guardian to provide an update on the individual and their affairs.
ERLS is unable to prioritize Guardianships or Conservatorships at this time due to other client needs that take priority. There are sometimes alternatives to a guardianship or conservatorship that do not require hiring an attorney or going to court.
There are lots of options to support vulnerable individuals that may not require going to court. If you are concerned about the safety of minor children residing with their biological parents, you can report suspected child abuse and neglect by calling Protective Services at 1-877-244-0864. If you are a biological parent who may need to temporarily assign parental rights so that a caretaker can care for your child when you are unavailable, you can temporarily assign your parental rights by affidavit, which does not require that you go through court. Social Security may require that an individual receiving benefits must have a payee that handles their finances, but that individual may be free to continue to make their own life decisions otherwise. If you are concerned about the finances of a family member or friend, there may be options available through the bank regarding account notifications or withdrawal limits.