Guardianship issues for a parent who refuses care and services
My father is 85 years old and lives in New York City by himself. I live out of state about 6 hours away but have 4 siblings in the NY area. My father has refused to go to any doctors to have his mental status evaluated. There have been many incidents over the last several months involving fantasies and delusions of his where he imagines things happening that are not based in reality. This has resulted in him putting himself into unsafe situations. My siblings want to apply for guardianship over his financial and medical affairs. What kinds of evidence will we have to put together to make a case for guardianship?
1 Answer from Attorneys
Re: Guardianship issues for a parent who refuses care and services
After you decide which one of you wants to be the Guardian, you'll file an Order to Show Cause along with a Verfied Petition wherein you'll lay out all the facts and circumstances telling the judge why your dad needs a guardian. That's your initial 'evidence.' The judge will then appoint a Court Evaluator to write an objective opinion as to whether dad needs a guardian, and what powers the guardian should have. The judge may also appoint an attorney for dad to protect his interests. If the Court Evaluator and/or dad's court appointed attorney contest the appointment of a guardian, then you'll have a "trial" and an opportunity to call witnesses and introduce evidence. But preliminarily, your Verified Petition, and perhaps an Affidavit signed by dad's primary care physician, is all you may need.
Good luck.
Rick Bryan
New York, NY
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