A Guardianship proceeding is a Court proceeding where the Court designates an individual or institution the power to make all health care and financial decisions for another person. This can be for a child, an adult with a disability or incapacitated adult.
In the State of New York, it is possible to avoid the need for a Guardianship if you execute a Power of Attorney, Health Care Proxy or even a Trust. These documents will allow you to designate the individuals of your choosing in the event of your incapacitation.
A Power of Attorney is the mechanism that allows you to appoint an Agent to make all decisions regarding your finances and real property. You may appoint co-Agents, individuals that can act together or separately as well as a successor Agent in the event something happens to your first Agent(s). The Power of Attorney is an extremely powerful document because it becomes effective the moment your Agent signs and has their signature notarized. This document is effective whether or not you are incapacitated.
A Health Care Proxy is the other mechanism that allows you to appoint and Agent that will make all of your health care decisions. Unlike the Power of Attorney, the Health Care proxy document will only be effective upon your incapacitation.
A Trust is a document that acts as a contract. It gives you the power to appoint a trustee to manage whatever property real, personal or financial for the benefit of you and your listed beneficiaries.
In order to avoid a potential Guardianship being filed for you, you should consult an experienced Estate Planning or Elder Law attorney to discuss what options are best suited for you.
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