![]() In this case, the legal guardian has the same type of authority or power as a child’s parent. The guardian is appointed by the court to care for and make legal decisions for the child. A child in New York State is someone who is 20 years old or younger, unmarried, and not serving in the military. ![]() If one or both parents are unable to take care of a minor, a person (may be a parent) can ask the court that they be granted guardianship of the child. These courts include Family Court, County Court, Surrogate’s Court, and Supreme Court. The type of court that will hear the guardianship case and make the appointment will depend on the type of guardian needed and the circumstances of the individual in need. Such a guardian is responsible for handling specific needs including making decisions for the individual at risk.Īccording to the NY State Unified Court System website, the term guardianship refers to an arrangement made by the court that gives an individual or organization “the legal right to make decisions for another person” who is otherwise unable to do so. In these situations, a legal guardian is appointed by the appropriate court depending on the case and whether the person in need is an adult or a child. The person in need of such guardianship can be a child or an adult who is legally considered to be incapacitated, unable to care for themselves, or “intellectually or developmentally disabled.” They will require someone to look after their needs since they cannot do this for themselves, and could otherwise suffer harm. When someone can no longer look after their personal or financial affairs, they will need a legal guardian. All About Legal Guardianship in New York State What is a Legal Guardian in NY?
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