A state-by-state structure
There is no federal guardianship court. Each state has its own statutes, its own terminology, and its own courts, so an arrangement that works in one state may be called something else, or not exist, in another. New York alone has several separate tracks depending on the person's age and the reason help is needed. Some federal agencies, such as the Social Security Administration, use their own representative payee process rather than relying on a state court order. The result is that a family often needs more than one document or appointment to cover every institution that matters.
Moving between states
When an adult under guardianship moves, or has property in more than one state, the question becomes which court is in charge. Most states, New York among them, have adopted a uniform act that sets rules for which state's court decides an adult guardianship case and for transferring or registering a guardianship from another state. Registration can let a guardian act in the new state without starting over, but it has formal requirements and does not suit every situation. Gather certified copies of the existing order and the guardian's appointment papers, recent court reports, and information about where the person has lived.
Orders from another country
A guardianship order from a court abroad, such as a Korean adult guardianship decision, often does not by itself give the guardian authority over a New York bank account, a property sale, or medical decisions here. Institutions may accept a foreign order for some purposes and refuse it for others, and a local proceeding is sometimes needed. Translations, apostilles, and proof of the foreign court's authority usually come into play. In a first meeting we look at where the person lives, where the assets are, and what documents already exist on each side. We also consider whether a power of attorney valid in New York could be a simpler route, if the person is still able to sign one.
