Legal Question in Elder Law in New York

Guardianship of an adult
A person who has been caring for a nonrelative elder
adult for neraly 20 years; needs to establish
guardianship of same

1. The adult has no gov't benefits
2. The adult has Alzheimers and dementia and is no
longer capable of caring for self at all
3. The adult cannot rememeber most information nor is
capable of understanding most conversations with any
lucidity
4. The adults medical costa are currently off the wall

Can the care giver who is a non relative establish a
legal gaurdianship and apply for SSD or retirement
benefits and Medical benefits on behalf of the adult
as well as make pertinent decsions f

Asked on 4/10/01, 9:37 pm

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Re: Guardianship of an adult

The caring individual will be recognized as

a proper party to petition the court for

an appointment under Article 81 of the

Mental Health Law, but the question

becomes one of payment of fees to do so.

This is an expensive process, requiring

considerable legal time, the appointment

of either a court evaluator or attorney for

the alleged incapacitated person, and a

filing fee of $ 245.00 These fees are normally

$ 2000.00 for the attorney, and $ 1500.00

for the court evaluator.

Whether these services are rendered by

legal aid or some other similar organization

may be an area to inquire into.

Answered on 6/08/01, 5:34 pm

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