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What is a Law Guardian?

A law guardian is a person who has been appointed by the court to be responsible for the shelter, health, and the necessities of a person who is judged to be fully or partially incapable of providing these necessities for him or herself, known as the ward. Guardianship is established to protect the ward and provide the best and most appropriate care for their situation.

Guardianships are typically instituted when the parents are unable or unwilling to care for the ward. The court usually prefers to appoint a guardian from the ward's family, if possible. This is done in an effort to keep the ward's life as normal as possible and to allow them to continue relationships with relatives.

The court often prefers aunts and uncles before grandparents, and will then look to siblings or distant relatives when a guardian needs to be appointed. The court will try to take the ward's wishes into account, but these are subject the ward's age and maturity, as the court's first concern is providing for their safety and material needs.

Legal Representation while Establishing Guardianship

Once a guardian has been assigned, they become an active participant in the proceedings. They will be served with all documents exchanged during the proceedings, and will need to participate in any hearings, conferences, and negotiations, as well as initiate and respond to motion practice and discovery demands.

If you have been assigned to a law guardianship, a New York child custody attorney may be able to advise and guide you throughout the process. We understand that this can be a life altering event, and believe that you should be able to comprehend and confidently participate in the decisions made to protect your ward.

All child custody cases are sensitive, but establishing guardianship can be especially emotional for the ward and their family. We take pride in providing our clients with the comprehensive counsel needed for them to feel confident in their proceedings. When you take on guardianship, you are choosing to do all in your power to give your ward the best care and protection possible.

The lawyers at our firm are experienced in family law and able to help you understand the state's guardianship laws and your responsibilities as a guardian. Eiges & Orgel, PLLC is capable and ready to represent you as you seek to better the life of your ward.

If you would like trustworthy legal counsel, contact Eiges & Orgel, PLLC today.

What Our Clients Are Saying

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  • “The tremendous impact Scott and his team on my life is something I will always be grateful for.”

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