Legal Question in Family Law in New York
Guardianship of a person
My daughter is 17 and is handicapped. She is developmently delayed and deaf. She was awarded money from a medical malpractice lawsuit and because of differences between my ex-husband and myself in regard to her money, a guardianship was brought in to watch over her money. I was informed today by these guardians, that when my daughter turns eighteen I must apply for guardianship for her as a person. Is this true? And how does this work? Can my ex get guardianship over her even though I was awarded sole custody of my child. It does not state anything about this in my divorce papers.I would also like to know how I can get guardianship over her money.
2 Answers from Attorneys
Re: Guardianship of a person
Neither The Matrimonial, Family Court nor Domestic Relations Law, covers this type of matter.
Usually, there is a Guardianship course, Guardianship Accessment, Evaluation Report and a "special" Guardianship appointment, made by the Court, (usually Surrogate's Court) per Article 81, that is required before even a parent may be given "control" subject to Court supervision, of an incapacited person's assets.
Guardianship over "an incapacited person" (person and assets), is covered by Article 81 of the NYS Mental Hygiene Law. The Supreme Court and Surrogate's Court both have jurisdiction over these matters.
Good luck,
Re: Guardianship of a person
This is correct.
This entails the creation of an 'Article 81 Guardianship'. The creation will not be difficult because of the voluminous documenation of the need for the guardianship that you have.
The course mentioned by my colleague is given periodically by the various 'bar associations' in each county. The cost is approximately 45 dollars and lasts three hours. It deals with the nuts and bolts of what you must do to maintain an accounting of the assets.
You are welcome to a consultation for no fee.
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