• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Home
  • Who We Are
    • About Our Firm
    • Career Opportunities
    • Meet Our Team
    • News and Events
    • Seniors Rock Radio
  • Estate Planning
    • Elder Law & Medicaid Planning
    • Estate Planning Services
    • Estate and Gift Tax Figures
    • Family Farm Succession Planning
    • Family-Owned Businesses & Farms
    • IRA Planning
      • Planning With An IRA
      • IRA & Retirement Planning
    • Legacy Planning Services
    • LGBTQ Estate Planning
    • Pet Planning
    • SECURE Act
    • Special Needs Planning
    • Trust Administration & Probate
    • Young Families
  • Elder Law
    • Coping With Alzheimer’s
    • Elder Law Resources
      • Elder Law Reports
    • Guardianship & Conservatorship
    • Hospice Care
    • Veteran’s Benefits
  • Resources
    • Definitions
    • FREE Estate Planning Worksheet
    • FREE Webinars
    • Estate Administration Legal Guide
    • Estate Planning Articles
      • Questions for Your Estate Planning Attorney Before Creating Your First Estate Plan
      • How to Create Your First Estate Plan in 2022
      • How to Choose a Guardian for Your Child
      • Address These Three Questions in Your First Estate Plan
    • Estate and Gift Tax Figures
    • Frequently Asked Questions
      • Adult Guardianship
      • Alzheimer’s Care
      • Custodial Accounts for Minors
      • Estate Planning
      • FAQs for Families Without an Estate Plan
      • Elder Law
      • IRA & Retirement Planning
      • Is Your Estate Plan Outdated?
      • Legacy Planning
      • LGBTQ Estate Planning
      • Medicare and Social Security
      • Probate
      • Probate Avoidance
      • Irrevocable Trusts
      • Trust Administration
      • Trusts
      • Veterans’ Benefits
      • Wills
    • Newsletters
    • Reports
      • Advanced Estate Planning
      • Basic Estate Planning
      • Estate Planning for Niches
      • Trust Administration
    • Top Estate Planning Techniques
  • Reviews
    • Our Reviews
    • Review Us
  • Medicaid Planning
    • Medicaid Planning
    • Emergency Medicaid & Nursing Home Planning
    • Medicaid Frequently Asked Questions
    • Medicaid Resources
  • Blog
  • Contact Us

Law Office of Michael Robinson, P.C.

Estate Planning Services in Rochester, New York and the Finger Lakes Area

Connect With Us Today

(585) 374-5210
Law Pay Button
Attend a Free Webinar
Home » Elder Law » How Do I Become My Mother’s Guardian?

How Do I Become My Mother’s Guardian?

September 17, 2019Elder Law

Rochester elder law attorneyIf you find yourself worrying about your mother’s ability to safely care for herself or about her ability to handle her affairs, it may be time to consider guardianship. Like many adult children, you may be resistant to the idea of petitioning to become your mother’s Guardian because it feels as though you are taking away her independence. Keep in mind, however, that failing to pursue guardianship could place your mother at increased risk for serious injury or victimization by predators who prey on the elderly. A Rochester elder law attorney at the Law Office of Michael Robinson, P.C. explains the process required to become your mother’s legal guardian.

What Is Guardianship?

Guardianship is a legal relationship created by order of a court whereby an individual or organization (the “Guardian”) is granted the legal authority to make personal decisions for someone (the “Ward”), and/or to control the estate of someone who has been determined to be disabled or incompetent by a court and, therefore, in need of a Guardian. If appointed Guardian of the person, you would have authority to things such as decide who will care for the Ward, access and release medical records, or apply for government benefits for the Ward. As Guardian of the estate you might have the authority to manage the Ward’s property and investments, pay bills, and/or enter into contracts in the Ward’s name.

What Is Involved in the Guardianship Process?

In the State of New York, one option in the guardianship process is for the proposed Ward to agree to the appointment of a guardian. If the proposed ward does not, or cannot, agree, you must petition the appropriate court and convince the judge that a guardian is necessary. Guardianship is considered the most restrictive option when an adult needs assistance. As such, it is also thought of as the option of last resort. In the petition you file with the court you must explain why the proposed ward needs a guardian. You are also required to officially serve the proposed ward (in this case your mother) as well as close family members with a copy of the petition. This requirement is in place to ensure that interested parties are given the opportunity to object to the appointment of a guardian. If anyone does object, they must file an official objection with the court. The court will set the matter for a hearing at which you must prove to the court that the proposed ward is incapacitated.  In the State of New York, a determination of incapacity requires clear and convincing evidence that a person is likely to suffer harm because:

  • the person is unable to provide for personal needs or unable to manage property and financial affairs; and
  • the person cannot adequately understand and appreciate the nature and consequences of such inability.

The court will likely order an independent examination as well as considering evidence you present at a hearing. If the proposed ward (your mother), or anyone else entitled to notice of the hearing, objects to the appointment of a guardian they are also entitled to present evidence and/or testimony at the hearing. The judge will take all evidence, testimony, and reports into consideration when deciding whether or not a guardian is needed. If the court feels a guardian is warranted, the court will decide which type is necessary and what authority the guardian will have. Finally, the court will decide if you are an appropriate person to name as the proposed ward’s guardian.

Although you are not legally required to be represented by an attorney when you petition for guardianship, it is wise to have an experienced attorney on your side to help you navigate the often confusion legal system.

Contact a Rochester Elder Law Attorney

For more information, please join us for an upcoming FREE seminar. If you have additional questions about guardianship in the State of New York, contact a Rochester elder law attorney at the Law Office of Michael Robinson, P.C. by calling 585-374-5210 to schedule an appointment.

  • Author
  • Recent Posts
Michael Robinson, Estate Planning Attorney
Michael Robinson, Estate Planning Attorney
Clients notice Michael Robinson’s unique approach to his estate planning practice the minute they walk through his office doors.
Michael Robinson, Estate Planning Attorney
Latest posts by Michael Robinson, Estate Planning Attorney (see all)
  • How Estate Planning for a Family May Trap the Unwary Practitioner - August 31, 2022
  • State Income Taxation of Social Security Benefits - August 24, 2022
  • Understanding Tax Apportionment Clauses - August 17, 2022

Other Articles You May Find Useful

elder law lawyer
How Can You Avoid Unwanted Medical Care?
Alzheimer's incapacity planning
Alzheimer’s Disease: The Inconvenient Truth
living trust
Original Infrastructure Plan Would Boost In-Home Care for Seniors
Medicaid planning
Medicaid Planning: What Happens to the Beneficiary’s Income?
Medicaid_Medi-Cal
What Is the 2021 New York Medicaid Asset Limit?
Medicaid planning 9
Four Key Facts About Medicaid Planning

Primary Sidebar

Law Office of Michael Robinson, P.C.

Blog Subscription

  • This field is for validation purposes and should be left unchanged.

Follow Us

  • Facebook
  • Twitter
  • Linkdin
  • Youtube

TESTIMONIALS

News & Events

Seniors Rock Radio Show Recording 5-1-21

https://drive.google.com/file/d/1U7UkQbEGy-xY7XFAXvX9Qz7pKSVDVV3D/view?usp=drive_web   Author Recent Posts Michael Robinson, Estate Planning AttorneyClients notice Michael Robinson’s unique approach to his estate planning practice the minute they walk through his office doors. Latest posts by Michael Robinson, Estate Planning Attorney (see all) How Estate Planning for a Family May Trap the Unwary Practitioner -... Read more →

Pittsford Office

1163 Pittsford-Victor Road, Suite 120 (Powder Mill Office Park)
Pittsford, NY 14534-3817
Phone: (585) 374-5210
Fax: (585) 485-0394

See Larger Map Get Directions

Map

mrobinson_sidbr_map

Footer

  • Advantages of Working With Our Firm
  • About The American Academy
  • Disclaimer
  • Privacy Policy
  • Sitemap
  • Contact Us

Connect with Us

  • Facebook
  • Twitter
  • Linkdin
  • Youtube
robinson law logo

The Law Office of Michael Robinson, P.C.

Attorney Advertisement


© 2023 American Academy of Estate Planning Attorneys, Inc.