When you want to be a guardian, or if you have been appointed as one, you need to go for a hearing at the probate court in Hempstead. Today we look at what happens in the guardianship hearing for adults, how the court determines who to name as the guardian and the types of guardianship that you will opt for.
Usually when we hear of the term guardianship we usually think of little kids that are being cared for by a caretaker that has been appointed by the court. However, you also need to know that the elderly also have guardians that look after them.
There are two major types of guardianships that you can choose from – guardianship of the person and guardianship of the state – and the law allows you to seek one of both of them.
Guardianship of the person is when you are granted the power to make decisions with regard to living arrangements and healthcare. For this, you have to prove that the ward is not able to make informed decisions about their personal lives.
Guardianship of the estate is when you are granted the power to make decisions that touch on financial matters. To this end, you must show beyond reasonable doubt that the potential ward isn’t able to manage their finances, such as paying their bills and managing a checking account. This type of guardianship is hard to obtain and can be complicated. It is therefore ideal to consult an attorney on how to obtain the guardianship.