Guardianships in NY
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What is a guardianship?
The term guardianship refers to a situation where the law requires or allows one person to control another person’s natural and legal affairs. The same might be said of people who are in prison for crimes, and the fact is legally the two are not so dissimilar. Someone who has been convicted of a crime loses various rights and control over their daily lives; the State now controls various aspects of the person’s life that they might otherwise have dominion. The same theory applies to a person who was born with an illness or condition which make it impossible for them to assert their natural right to control their own affairs. Similarly, a person might develop dementia as they age, or have a stoke or other illness or disease which causes them to lose the ability to make decisions for themselves, or to care for their body and property.
Each of these situations might result in a guardianship proceeding in the court system.