Any individual over eighteen years of age who is found by the court to be suitable to exercise the necessary powers to assist the incapacitated person may be appointed as a guardian.
This includes, but is not limited to, a spouse, adult child, parent, or sibling. Additionally, a not-for-profit corporation organized to act in such capacity, a social services official, or a public agency authorized to act in such capacity may also be appointed as a guardian, provided they are found suitable by the court.
However, there are specific restrictions on who may serve as a guardian. For example, no corporation, other than a non-profit corporation organized under New York laws to act as a guardian for a person who is intellectually or developmentally disabled, may be appointed as a guardian of the person.
Furthermore, unless the court finds that no other person or corporation is available or willing to act as guardian, individuals whose only interest in the incapacitated person is that of a creditor, or those who are providers or employees of providers of health care, day care, educational, or residential services to the incapacitated person, may not serve as guardians.
To learn more about Article 81 guardianship cases, contact the Law Office of Tamara I. Jordan P.L.L.C. at (212) 804-5763.
The Law Office of Tamara I. Jordan P.L.L.C. handles Article 81 guardianship cases in Manhattan, Brooklyn, Queens, and the Bronx.
