New York Conservatorship Questionnaire

State:
Multi-State
Control #:
US-Q1007
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a conservatorship matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney’s case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new client’s needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

Types of guardianship relationships usually approved by the court: Full guardianship. This form of guardianship relationship grants an appointed legal guardian full decision making power over the ward. ... Limited guardianship. ... Co-guardianships. ... Short term guardianship. ... Guardianship ad litem.

To start the guardianship process someone will file a petition with the court asking the court to appoint a guardian over you. The judge will review evidence as to your condition. If based on your mental capacity the judge determines that a guardianship is necessary the judge will make that appointment.

As mentioned above, guardians in New York have the same rights as a custodial parent to a child. However, obtaining custody of a child for a non-parent, when there's no agreement that allows for this to happen, can be very difficult.

Article 81 Guardianship forms are forms that must be filed with the court to initiate a guardianship proceeding under New York Mental Hygiene Law Article 81. These forms are used to petition the court for the appointment of a guardian for an incapacitated person and to provide notice to all interested parties.

An Article 81 Guardianship is a legal proceeding under NYS Mental Hygiene Law in the Supreme Court for individuals who lack mental capacity to execute advance directives or whose advance directives are not comprehensive.

SCPA Article 17-A governs the appointment, duties and authority of a guardian of intellectually disabled and/or developmentally disabled persons. Intellectual disability means sub-average intellectual functioning which originates during the developmental period and is associated with impairment in adaptive behavior.

To start an Article 81 Guardianship case for an alleged incapacitated person, the person filing the case (the petitioner) must complete the following 4 steps: Fill out these court forms: ... File the Petition. ... Pay the filing fee and index number fee. ... Serve the papers.

In the absence of such directives, in New York the court may step in and place you in a guardianship. Sometimes referred to as a conservatorship, a guardianship involves the court appointing someone to manage your affairs, including your finances and medical care. The person appointed is referred to as a guardian.

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New York Conservatorship Questionnaire