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Ask Bruce Schreiber Your Own Question
Bruce Schreiber
Bruce Schreiber,
Category: Family Law
Satisfied Customers: 171
Experience:  Attorney At Law at SELF
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I have a question in regards to Guardianship of my

Customer Question

I have a question in regards ***** ***** of my step-daughter, who just turned 18, and as I understand, me and her mom need to ask for her guardianship, since she can not make decisions for herself
JA: Have any papers been filed in family court?
Customer: not yet
JA: Family law varies by state. What state are you in?
Customer: my daughter lives in New York, with her grandma, me and my wife in Texas
JA: Anything else you want the lawyer to know before I connect you?
Customer: because of her condition she needs to be in New York
Submitted: 2 months ago.
Category: Family Law
Customer: replied 2 months ago.
Me and my wife are residents; we have our green cards and want to know if we can apply por legal tutor / parent guardians.
Do we need to be citizens to apply for legal guardians of our own child?
Expert:  Bruce Schreiber replied 2 months ago.

Welcome and thank you for your question. I will be the professional that will be assisting you.

Since she is no longer a minor, what you would need to apply for is a Guardianship of An Incapacitated Adult.

An Incapacitated Person (AIP) is someone who needs some help to care for themselves or manage their property or financial affairs. This kind of guardianship case is brought in Supreme Court or County Court under Article 81 of the Mental Hygiene Law.

About Article 81 Guardianship

An Article 81 Guardianship is very individualized and specific to what decisions are made by the guardian and what decisions are made by the person with the disability. The Judge will appoint a court evaluator. As the eyes and ears of the Court, the court evaluator will meet with the possible incapacitated individual, investigate and report whether or not a guardian should be appointed and, if so, what powers the guardian should have. The Court will always hold a hearing. Generally, it is best if a lawyer handles this kind of guardianship case. Contact the Supreme Court or County Court in your county for more information.

You may find additional help and resources here:

http://nycourts.gov/courthelp/Guardianship/resources.shtml

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Customer: replied 2 months ago.
Thanks for your answer. My concerns remains because she's living in NY while we are in Texas, can we be the guardians of shes not living with us?Me and my wife are residents; we have our green cards and want to know if we can apply por legal tutor / parent guardians.
Do we need to be citizens to apply for legal guardians of our own child?
Expert:  Bruce Schreiber replied 2 months ago.

In all jurisdictions i'm familiar with you do not need to be citizens.

However, I do not see the possibility of you being approved as guardians if you live so far away. Unless she is able to take care of her day to day needs and you are just seeking to be guardians of her property or financial affairs. Many times this type of guardian (in some states it is called a "conservator") is a bank or other financial institution. But if she needs assistance with day to day functioning you will need to live close by.

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