Who Can Seek Guardianship of a Vulnerable Adult?

There are many scenarios in which guardianship might be necessary in New York. Perhaps parents who have a child with special needs worry about them aging out of crucial forms of support. Maybe adult children have watched their parent’s decline in health in recent years and recognize they cannot live independently anymore. Perhaps a sudden onset illness or severe injury has permanently altered someone’s functional capabilities.

Guardianship is a form of legal support where one competent adult seeks authority over the daily life and resources of a vulnerable person. Who can potentially request guardianship in the New York courts?

Any competent, concerned adult is eligible

There are no real limitations on who can pursue adult guardianship in New York. Typically, there needs to be some kind of connection between the person initiating guardianship proceedings and the vulnerable adult.

Often, family members initiate guardianship actions. A younger or healthier spouse might seek guardianship in some cases. Adult children may pursue guardianship of their parents. Siblings and other extended family members sometimes intervene for the protection of those with unexpected maladies or significant special needs.

In fact, the law in New York allows unrelated individuals including neighbors to initiate guardianship proceedings. Even paid caregivers and professionals working for nursing homes or similar facilities can initiate guardianship proceedings. Anyone with evidence of an older adult’s vulnerability could potentially initiate the legal process to gain control over their life and their assets.

Families may need to act promptly

Especially in scenarios where someone’s resources are at risk, businesses and professionals might seek guardianship. Doing so gives them an opportunity to ensure they receive compensation for services provided. They may use a family’s lack of intervention to justify their appointment as a professional guardian.

Families sometimes feel shocked and even offended that professionals take legal action and demand guardianship over their loved ones. The only way to prevent such guardianship cases from diminishing a loved one’s legal autonomy is to take action first.

Older adults who still retain their testamentary capacity can establish durable powers of attorney that protect them from guardianship as they age. If there are any indicators that an individual is already vulnerable, then initiating guardianship proceedings might be the best option.

Having family members pursue guardianship is typically better for someone’s comfort and happiness than allowing outside professionals the opportunity to assume that authority. Families that act in a timely manner can help ensure the comfort and stability of vulnerable individuals who require outside support.