Pursuing A Legal Guardianship In New York
A guardianship is a legal term referring to someone who has the legal authority to act on behalf of someone else. A guardianship is utilized when an individual becomes incapacitated without any other advance directive. When a person can no longer care for themselves – or make or communicate decisions for his or her own health, well-being or property that are safe or sound – the court is empowered to appoint a guardian.
However, pursuing a guardianship can be a highly complicated process. Courts scrutinize guardianship cases closely, as they can potentially deprive the incapacitated person of his or her rights.
Professional Guidance On Guardianship Proceedings And Appointments
At Vella, Carbone & Vinson, LLP, we can help your family through the process of appointing a guardian for an incapacitated loved one. Our lawyers have extensive experience navigating guardianship proceedings in New York, including contested guardianships.
We can also assist you with complying with the laws governing your guardianship appointment. If you’re a legal guardian for someone else, you may have far-reaching powers to care for that person and their property. You are also a fiduciary, meaning you must uphold high standards in fulfilling those duties, and you may have to comply with strict reporting requirements to the court. Our attorneys can ensure that you uphold those duties.
Pursuing A Guardianship For A Loved One With Special Needs
When a child with special needs reaches adulthood, it becomes necessary to appoint a guardian to act on their behalf. We can help you pursue a guardianship to get the legal authority you need to look after your loved one.
Additionally, we can assist you in securing or maximizing government benefits such as Medicaid and preserving the assets of the person with special needs so that they can live a more full life. Finally, we can help you to establish trusts to ensure that the person in your care will be taken care of for the entirety of their lives and have access to their assets to ensure their continued comfort.
Reach Out Today For More Information
To discuss guardianships with one of our experienced lawyers, please call our office in Delmar, New York, at 518-257-7304. Alternatively, you can contact us online and a member of our team will get back to you shortly.