QUESTION
If my 60-year-old daughter Has her boyfriend appointed guardian when she enters a long-term care facility,would his finances be at risk in any way?
Asked on Mar 04th, 2021 on Guardianship and Conservatorship - New York
More details to this question:
Her six-year-old daughter divorced with no children is it a hospital and breathing with a respirator. When she is moved from the hospital to long-term care facility, we would like to have her boyfriend assigned as her guardian. If that were to happen with his finances be at risk in anyway?
2 ANSWERS
2 Awards
Only a court can appoint a guardian. Neither a guardian nor an agent under a power of attorney for finances is liable unless they are negligent or steal or otherwise violate their duty of trust.
Answered on Mar 05th, 2021 at 5:40 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.
Estate Administration Attorney serving New York, NY
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Damien Bosco, P.C.
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Hello. My name is Damien. I am an attorney in New York City practicing in the New York City metropolitan area. A guardian's personal assets are not subject to creditor claims of the ward. (A ward is the alleged incapacitated person who is in need of a guardian.) There is no legal requirement for guardians to use their own personal assets for the care of the ward. When a court appoints a guardian for an alleged incapacitated adult, the court issues an order that sets forths the powers and obligations of the guardian. There is no requirement for guardians to use their own personal assets for the care of the ward. If you need any assistance, a New York Trusts & Estates or Elder Law Attorney could help you. If you wish to speak on the phone about it, you can call Damien Bosco, P.C. at (646) 452-7082 or email me at DamienBoscoEsq@gmail.com
Answered on Mar 05th, 2021 at 5:37 AM