If you are the person named
The adult who is the subject of a New York guardianship action has real rights. You are entitled to notice and to take part in the hearing, and you can be represented by a lawyer; in many cases the court appoints counsel, and in some cases Mental Hygiene Legal Service becomes involved. A court evaluator is often appointed to meet with you and report to the judge. You can oppose the petition entirely, agree to limited powers, or propose an alternative such as a power of attorney you choose. The court has to find that a guardian is necessary, not simply convenient for the family.
If you are a family member who received notice
Relatives who receive notice can support the petition, oppose it, or ask that someone else be appointed, including themselves. Staying silent is a choice too, and the hearing will usually go forward with or without you. If you have information the court should hear about the person's wishes, an existing power of attorney, or money that has gone missing, gather it now. Useful material includes medical information you are allowed to share, bank statements you already have lawful access to, and messages showing who has been handling bills and care. Do not take control of accounts or move the person while the case is pending without first getting legal advice.
Responding before the hearing
Because the hearing is set on an accelerated schedule, there is usually little time to prepare a response or a cross-petition. In a first meeting we read the order to show cause and the petition, identify the court evaluator and any appointed counsel, and decide whether you are supporting, opposing, or proposing a narrower arrangement. We also look at whether an existing power of attorney or health care proxy changes the picture. If a temporary guardian has already been appointed, we review what powers were granted and whether they should be challenged or limited.
