Fairport, NY asked in Elder Law and Family Law for New York

Q: I'm interested on becoming a gaurdian of someone. Where do I start? Do you serve Livingston county?

My uncle was deemed incompetent but I think he seems with it to me when I talk to him. When I was a nurse I know patients were with it certain times of day. Why can't he make me POA like he says he wants. He has been in long term care for 2 years

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T. Augustus Claus
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A: To become a guardian in New York, especially for someone deemed legally incompetent, you would start by filing a petition for guardianship in the court that has jurisdiction over the matter, which could be the Surrogate's Court or Supreme Court in the county where your uncle resides, such as Livingston County. If your uncle was already deemed incompetent, he may not have the legal capacity to appoint you as a Power of Attorney (POA). The court makes decisions on guardianship based on the best interest of the individual, taking into account their current mental and physical state. It's essential to gather medical evidence that supports your claim that your uncle is competent at times or to argue that his wishes should be honored.

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