If you have been named trustee, you will have a variety of responsibilities that you must tend to. Note that you cannot use ignorance as defense if you are sued for mismanagement of the assets of the trust. If you a successor trustee, when you come on board, you have the exact same responsibilities and duties as the initial trustee and will be held accountable if you do not handle the trust in a responsible fashion. If you find out that your predecessor mismanaged the trust, it is your responsibility to bring it to the attention of the beneficiaries and your co-trustees, if any. If acting as trustee is not something that you are interested in doing or you cannot continue to do so because of personal circumstances, you may resign as trustee. If you have been acting as trustee for a short period of time, it is prudent to account to the beneficiaries for your acts and proceedings as trustee before you resign. This will ensure that you are released of personal liability with respect to your trusteeship period. As long as you are acting as trustee, you must act with prudence and fairness. Since you Read more [...]
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Most of the adult guardianships are usually uncontested, which means that the disabled adult or the relatives are comfortable with the decision. The court also decides that the person that has been proposed as the guardian is the right choice. This process is usually short and fast. In this case, there is no witness called to testify because everything is straightforward.
In some instances, the guardianship is contested, which means that someone isn’t comfortable with the decision or the proposed person. If the process gets contested, then the case goes to trial just like any other litigation. If the elderly person is in a capacity to talk, then the court will listen to him. Litigation is easier when you utilize guardianship attorney Long Island services.
When it comes to trial, the court will listen to documentary and other types of evidence. In most cases, the aim is to show that the disabled adult has a disability and needs a guardian. In some instances, physicians are used to testify like expert witnesses.
The role of the court is to determine that the adult needs a guardian or he doesn’t. Regardless of whether the case is contested or not, the court needs to determine the following:
The nature and the severity of the mental illness or any disability experienced by the senior.
The intellectual and physical abilities of the adult.
The ability of the senior to communicate clearly and make rational decisions on their own.
The ability of the senior to handle their financial affairs.
Whether there are arrangements that have been made that are appropriate for the senior.
Any other situation that the court sees as appropriate.
In any case, the disabled person needs to attend the court hearing, unless this has been explicitly determined by the judge. The court can allow the senior to stay away if he so sees fit, or if their attendance can be harmful to the case.