Guardianship
How long does it take to apply for guardianship? My cousin suffered a stroke and is in a coma state. The home said she will probably never recover, but could stay like this for another twenty years. She has a daughter who she has been estranged from for over 40 years. I had to contact her daughter in California, as the hospital needed an ok for medical procedures. She did fly in, went to an attorney who said it would take to long to apply for guardianship. He said she could pass away before the courts gave the ok and than they would have to start other legal proceedings. Since she lives in California, it's a hardship to call back and forth to New York.
The daughter was able to give up her mother's apartment. But the family cannot pay bills; they have no access to her bank accounts or to even protect her accounts (they said that her ATM card was missing). The service was paying for the home and medical fees, as she is a service widow, but had recently denied payment. The service said she is a long-term patient and will no longer cover the home or medical fees. The daughter has no rights to even fight them.
Where would she stand on all of this? What would be her next step?
1 Answer from Attorneys
Re: Guardianship
Unfortunately, it appears that the only option is to petition for guardianship--a process that could take several months or more.
If the daughter wishes to petition for guardianship, much of the process can be handled by an attorney in NY. It is possible that the daughter's travel to NY could be limited.
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