Why Choose Us?
At Merlino & Gonzalez, we help families protect vulnerable loved ones with thoughtful guardianship planning rooted in care and legal precision. Clients throughout New York and New Jersey trust our attorneys to guide them through sensitive guardianship matters with clarity and compassion.
- Over two decades of estate planning and guardianship experience
- Offices serving Staten Island, New York City, and New Jersey
- Personalized guidance for adult and minor guardianships
- Clear explanations of court procedures and legal rights
- Ongoing support through contested or temporary guardianships
For some adults and children, additional legal protection is necessary due to illness, injury, disability, or other circumstances. Guardianship can be an important part of an estate plan, ensuring that a trusted individual is legally authorized to make decisions that protect a vulnerable person’s health, safety, and finances. At Merlino & Gonzalez, we help families understand when guardianship is appropriate and how to pursue it properly under New York and New Jersey law.
Guardians and Protected Persons
Guardianship, also referred to as conservatorship, is a legal arrangement that places an individual, also known as a ward or protected person, under the supervision of a guardian, or custodian. There are two main types of guardianship: guardianship of the person and guardianship of the estate or property.
A guardian is typically a family member, friend, or fiduciary appointed by the court. A protected person can be a minor without a parental guardian or an adult who can no longer make safe and sound decisions about his or her own person or property. Additionally, a person who is prone to fraud or undue external influence may be placed under guardianship for protection.
Appointment of a guardian can materially limit the rights and privileges of the protected individual in areas such as:
- Choosing residence
- Providing informed consent to medical treatment
- Making end-of-life decisions
- Making property transactions
- Obtaining a driver’s license
- Owning, possessing, or carrying a firearm or other weapon
- Contracting or filing law suits
- Marriage
- Voting
Right to Due Process
In order to safeguard the protected person’s right to due process, he or she is usually provided with notice and is entitled to attend all legal proceedings related to guardianship. In addition, the protected person may obtain representation by an attorney, present evidence, and confront and cross-examine all witnesses.
Guardianship of the Person
Guardianship of the person grants authority over non-financial matters such as issues that impact the personal well-being of the protected person, including making important medical decisions. The appointed guardian is normally tasked with the following responsibilities
- Determining and maintaining residence
- Providing informed consent to and supervising medical treatment
- Consenting to and supervising non-medical services such as education, psychiatric or behavioral counseling
- Making end-of-life decisions
- Maintaining the protected person’s autonomy as much as possible
Guardianship of the Estate or Property
Guardianship of the estate or property empowers the guardian to make important financial decisions on behalf of the protected person, including:
- Organizing, gathering and protecting assets
- Arranging appraisals of property
- Safeguarding property and assets from loss, whenever possible
- Managing income from assets
- Making appropriate payments
- Obtaining court approval prior to any sale of major assets
The guardian may be required to report to the court about his or her activities on an annual basis.
Many guardianships are temporary arrangements, meant to protect an incapacitated individual until he or she regains capacity.
Does Guardianship Override Parental Rights in NY?
In NY, guardians can override parental rights in certain decisions, but not entirely. Guardianship is for specific areas like healthcare or finances, and only when the court finds it in the child’s best interest to limit parental control. Parents retain other rights like visitation and a say in major life decisions.
Note: This is simplified information and specific situations require legal consultation.
Guardianship of Minors
Guardianships may also be used to protect the legal rights of a minor. In the event that a parent is no longer able to act on behalf of his or her child, a guardian, usually a relative, is appointed. Unlike an adoption, under a guardianship, parents may remain responsible for supporting the child financially and they do not necessarily forfeit their parental rights.
A minor may be considered for legal guardianship if his or her parent cannot provide shelter, does not have a steady income, suffers from an illness, or is incarcerated. In most instances, parental approval is sought prior to any legal proceedings. Contact our office today!
Merlino & Gonzalez help residents of New York & New Jersey with their guardianship needs. Since their primary office is in Staten Island, they receive a lot of clients there as well as in the boroughs of Manhattan, Brooklyn, Queens, & The Bronx.