Guardianship of an adult
A person who has been caring for a nonrelative elder
adult for neraly 20 years; needs to establish
guardianship of same
1. The adult has no gov't benefits
2. The adult has Alzheimers and dementia and is no
longer capable of caring for self at all
3. The adult cannot rememeber most information nor is
capable of understanding most conversations with any
lucidity
4. The adults medical costa are currently off the wall
Can the care giver who is a non relative establish a
legal gaurdianship and apply for SSD or retirement
benefits and Medical benefits on behalf of the adult
as well as make pertinent decsions f
1 Answer from Attorneys
Re: Guardianship of an adult
The caring individual will be recognized as
a proper party to petition the court for
an appointment under Article 81 of the
Mental Health Law, but the question
becomes one of payment of fees to do so.
This is an expensive process, requiring
considerable legal time, the appointment
of either a court evaluator or attorney for
the alleged incapacitated person, and a
filing fee of $ 245.00 These fees are normally
$ 2000.00 for the attorney, and $ 1500.00
for the court evaluator.
Whether these services are rendered by
legal aid or some other similar organization
may be an area to inquire into.
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