GUIDE TO GUARDIANSHIP

1 GUIDE TO GUARDIANSHIP For Lay Guardians Appointed Under Article 81 of the New York State Mental Hygiene Law Sia Arnason, MSW Julia Spring, MSW, JD Guardian Assistance Network Vera Institute of Justice Debra Sacks, LPN, JD Sadin Institute on Law, Aging and Public Policy Brookdale Center on Aging of Hunter College 2011 4th Edition Acknowledgments The GUIDE to GUARDIANSHIP for Lay Guardians Appointed under Article 81 of the New York State Mental Hygiene Law was prepared for lay guardians in New York State with support from the State Justice Institute.

2 The point of view expressed are those of the authors and do not necessarily represent the official position of policies of the State Justice Institute. Additional support has been provided by the Fan Fox and Leslie R. Samuels Foundation, the Florence V. Burden Foundation, the Jacob and Valeria Langeloth Foundation, FJC, a Foundation of Donor Advised Funds. We are grateful for their encouragement and support. The GUIDE was written and assembled by the coordinators of the Guardian Assistance Network, a project of the Vera Institute of Justice, in collaboration with the staff of the Sadin Institute on Law, Aging and Public Policy of the Brookdale Center on Aging of Hunter College of the City University of New York.

3 It has been approved by the Office of GUARDIANSHIP and Fiduciary Services, New York State Office of Court Administration. The GUARDIANSHIP Assistance Network, located at Kings County Supreme Court in Brooklyn, is part of the GUARDIANSHIP Project of the Vera Institute of Justice, an independent nonprofit that works with leaders in government and civil society to improve the services and systems people rely on for safety, security, and justice. The Sadin Institute on Law, Aging and Public Policy of the Brookdale Center on Aging of Hunter College of the City University of New York is an interdisciplinary project that acts as a legal support program for professionals of all kinds who are engaged in providing advocacy assistance to the elderly poor in obtaining legal entitlements.

4 For more information or to obtain additional copies, contact: GUARDIANSHIP Assistance Network 360 Adams Street, Room 723 Brooklyn, NY 11201 (347) 296-1948 Website: GUIDE TO GUARDIANSHIP TABLE OF CONTENTS Chapter 1: What is a Guardian? 1 Section : When Is A Guardian Needed? 1 Section : Two Basic Types of GUARDIANSHIP 2 Section : Making Decisions for Your Ward 3 How can I make decisions that take my ward s wishes into account? 3 Why does the court remain involved in my ward s case now I am the Guardian?

5 4 Getting help and guidance from experts in the court house. 4 What is the Index Number? 5 Chapter 2: From Court Hearing to the GUARDIANSHIP Commission 6 Section : The Order and Judgment 6 : How can I get a copy of the Order and Judgment?

6 7 : What information is in the Order and Judgment? 7 : How do I use the Order and Judgment? 8 Section : The Oath and Designation 8 : What information is in the Oath and Designation? 8 : Where can I get an Oath and Designation? 8 Section : The Fiduciary Bond 9 : How do I get a bond?

7 9 : How much does a bond cost? 9 : Where do I file the bond? 10 Section : The GUARDIANSHIP Commission 10 Chapter 3: The First 90 Days: From the Commission to writing the Initial Report 11 Section : Start-Up Duties of All Guardians 11 : How can I take care of my duties and also get ready to write the Initial Report? 12 Chapter 4: The Guardian for Personal Needs 14 Section : Limitations of Personal Needs Guardians 14 : Can I ask the Judge to change the Order and Judgment?

8 15 Section : Detailed Tasks of Guardians for Property Management 15 Chapter 5: The Guardian for Property Management 16 Section : Things Guardians for Property Management May Not Do 16 Section : Guardians Must Spend Their Ward s Money Wisely 17 Section : Detailed Tasks of Guardians for Property Management 17 : Establishing a GUARDIANSHIP Checking Account 17 : Identifying Sources of Income 18 : Identifying Your Ward s Eligibility for Public Benefits 18 : Arranging for Pre-need Burial Expenses 18 : Becoming Representative Payee for Government Income Checks 18 : Paying Bills 19.

9 Paying Outstanding Debts 19 : Arranging For Your Ward s Mail to Be Re-Directed To You 20 : Finding Bank Accounts with Help from the IRS 20 : Locating Other Unclaimed Property 21 : Looking For Safe Deposit Boxes 21 : Locating Insurance Policies 21 : Identifying All Investments 21 : Identifying Valuable Personal Items 22 : Looking For Valuable Documents 22.

10 Locating Real Property 22 : Filing Tax Returns 22 : Spending Down Your Ward s Assets 23 Chapter 6: The Initial and Annual Reports 24 Section : What Information Must Be Included In The Reports?