Guardianship Attorney
Preferred Attorneys for Petitioning & Filing in North Carolina & New York
What is Guardianship?
The legal process of guardianship also known as conservatorship, grants a person the power to make personal, financial and/or health decisions for a loved one that has suffered reduced capabilities due to illness, disease, age, or disability. Typically, guardianship is awarded when an individual has lost the ability to make or communicate safe or sound decisions regarding himself/herself or their property or has become vulnerable to fraud or undue influence. An individual's rights may be diminished considerably if guardianship is established. For this reason, guardianship should only be considered after other alternatives have proven ineffective.
Legal Guardianship Papers
Guardianship can be a difficult and emotional process. In addition to a court proceeding, applications often require additional paperwork such as:
- guardianship waivers from all immediate family members
- affidavits from physicians
More helpful documents include:
- financial records demonstrating potential mismanagement of assets
- expert opinions and statements to underscore the necessity of guardianship based on the individual's condition
- firsthand accounts of activities that indicate signs of incapacity
Other Estate Services We Offer in New York & North Carolina
For experienced guidance from a qualified guardianship lawyer serving North Carolina and New York, contact Parisi, Coan & Saccocio, PLLC online or dial (914) 228-7448 to schedule a consultation.
When Is Guardianship Necessary?
When someone is considered legally unable to make decisions on their financial, medical, or personal matters because of conditions including mental illness, physical incapacitation, or cognitive disability, adult guardianship may be required. The purpose of this legal structure is to protect the assets and well-being of adults who are incapable of making wise decisions for themselves.
The need for guardianship is typically determined through a legal process that evaluates an individual's capacity to manage their own affairs. Suppose it's established that a person lacks the mental or physical capacity to make reasoned decisions about their own care or property. In that case, a guardian may be appointed to act on their behalf.
The specifics of when guardianship is required vary based on individual circumstances, and it's often a complex decision that involves the person's health, safety, and the protection of their assets. Guardianship should be considered when it's clear that an individual can no longer make informed choices and lacks a support system to assist them in decision-making. This process aims to ensure that the best interests of the individual are protected and that their needs are met when they are unable to make choices for themselves.
For skilled counsel, do not hesitate to reach out to our seasoned guardianship attorneys serving North Carolina and New York at Parisi, Coan & Saccocio, PLLC.
Who May Be Appointed Guardianship?
The appointment of a guardian is typically made by a court, and the eligibility for a guardian can vary based on state laws and the specific needs of the individual under consideration. In most cases, family members are the first choice to become guardians, as they are often the ones who know the individual best and can provide the most appropriate care and support.
Spouses, adult children, siblings, and other close relatives are often considered suitable candidates for guardianship. However, the court will always prioritize the best interests of the individual in question. If family members are not available, willing, or qualified to take on the responsibilities of guardianship, the court may appoint a professional guardian or a public guardian to ensure the individual's well-being and protection.
Qualified Appointees for Guardianship in New York
In New York, the court will decide guardianship based on the best interests of the ward. An Article 81 case must be filed by an interested party to prove that the guardianship is necessary.
Parties that may be considered as suitable guardians in the State of New York include:
- The person who is recommended via the will of a deceased parent (in a situation that involves an unmarried child who has been adjudicated as incompetent).
- An individual over the age of 18
- A corporation
- A public agent such as the county Department of Social Services
Consultation with an experienced New York guardianship attorney such as a lawyer from Parisi, Coan & Saccocio, PLLC is recommended for such delicate matters.
Qualified Appointees for Guardianship in North Carolina
Any person over the age of 18 may apply for guardianship if they have concerns for the welfare of another person. This can even involve a person asking to be placed under guardianship. A non-profit agency may also serve as a guardian in certain circumstances, as well as a local Department of Social Services.
Otherwise, the selection of a guardian is primarily determined by the guardian's willingness, capacity, and suitability to satisfy the unique needs of the incapacitated person as well as their dedication to working in the person's best interests. In the end, the court's ruling is founded on a careful assessment of each person's particular needs and circumstances.
Cost of Guardianship
Guardianships that are uncontested typically cost a minimum of $7500.00, while more complicated contested Guardianships can cost significantly more. Fees and costs may often be paid out of the ward’s assets and income.
When you need a guardianship lawyer that you can trust, contact Parisi, Coan & Saccocio, PLLC for experienced legal counsel. We provided legal representation to clients seeking a guardianship attorney in New York & North Carolina.
Uncontested vs Contested Guardianship in New York & North Carolina
Contested guardianships in North Carolina and New York can occur when a family member opposes the appointment of a guardian or has reason to believe an existing guardian is not fit for the role.
Contact Our Guardianship Lawyers to Protect Your Assets & Family
When you need an experienced lawyer to help you navigate guardianship or conservatorship in North Carolina or New York, contact Parisi, Coan & Saccocio, PLLC today. Visit our attorney reviews to see why clients choose our law firm when they're looking for the best guardianship lawyers near them.
Call 914-228-7448 or contact us online to schedule your consultation with our leading guardianship attorneys in North Carolina & New York!
Our Results
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Client Won Custody Dying Without A Will
As many of you may know legendary singer/songwriter Aretha Franklin died in 2018 without leaving a will. Other wealthy celebrities such as Prince have done the same. This can lead to many types of unwanted consequences. As an example, the T&E department at PCS is currently ... -
Son Must Repay Mother’s Estate Estate Case
A local man and his then-wife used undue influence on his elderly mother to clean out the woman’s bank accounts before she passed away, a Schenectady County Surrogate’s Court ruled this week. The verdict, in a case brought by the woman’s two other sons, means the man and his ... -
Brothers Inheritance Restored Estate Dispute
After much litigation including more than a dozen depositions, obtaining numerous medical records and various other relevant documents, expert medical testimony, and the beginnings of trial preparation, an estate dispute was settled on behalf of our client for $700,000. Our ... -
Daughter Settles Dispute Favorably Estate Matter
On the day of trial our client successfully resolved an estate matter whereby she received 60% of available funds of the estate. Interestingly, the case involved an admission by both brother and sister that their father had upwards of $200,000 in cash at the time of death (a ... -
Surviving Spouse Inheritance Returned Large Assets Diverted to Wrong Beneficiary
We are proud to have earned a seven-figure ruling in favor of a surviving spouse. In this particular case, two large assets were diverted through a complex trust and funding formula to the wrong beneficiary. Parisi, Coan & Saccocio, PLLC, successfully argued that the ...
Client Stories
Our Success in Their Own Words
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Mr. Parisi represented me in a very complicated New York trusts and estates litigation matter. The issues involved numerous problems with the actions of certain trustees, as well as with the accountings they presented of the various trusts and estate of my late husband. After extensive work by Mr. Parisi and his firm, including an appeal to the Appellate Department, we obtained a Decision in my favor in excess of $1,000,000. The remaining issues were then also settled in a very favorable manner. I was very happy with all of Mr. Parisi’s work, time, and advice and I would absolutely hire him again!- K.R.
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Gerard was very helpful to me. I had a difficult litigation matter. He was very attentive to details and responsive to all my questions, which were many.- L.I.
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Mr. Parisi represented me in an Article 81 Guardianship proceeding so that I could help my daughter with her general and business matters. I was very happy with the legal services and advice that were provided by him and his office. I highly recommend him!- B.
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I would like to say thank you for the amazing work you did for me. I knew very little about the situation I had been put in. You not only informed me about every step, but also went above and beyond to analyze the case and assist me … You were always available whether it be a weekday or weekend, which helped a great deal due to my busy schedule. I couldn’t have asked for anyone better to assist me given my situation! Thank you again for all the help!- N.D.
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Gerard handled my father’s estate. He was always very informative and helpful, and his fees were very reasonable.- P.F.
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I was the trustee of my mother’s Trust in NY worth over $500,000. When my mother got sick and moved to North Carolina my siblings there had her sign a new Trust. Gerard fought to keep the original trust in place and I remained as her trustee. Gerard also prepared the accounting of all of my actions taken as Trustee and represented me when some of my siblings objected to my handling of the trust. Gerard protected me against the ridiculous accusations my siblings made against me, and I received my inheritance under the trust, as well as my Trustee Commissions. Thank you, Gerard, for representing me.- K.B.
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Gerard helped make a very hard situation a little easier for me. My mother passed away unexpectedly without a will. Her second husband was in significant debt and was raising several issues about my mother’s estate. My mom also owned a business that he ran so the issues were all very complex. Gerard first helped get me appointed as the Administrator of my mom’s estate rather than her second husband. He then handled all of the issues between the estate, the creditors, and the second husband and we had great results throughout. I would strongly recommend using Gerard knowing that others can have the same experience I did working with Gerard during such a hard time!- A.M.
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Parisi Coan & Saccocio have handled many estate planning needs for myself and my clients over the course of the last 5 years. I would highly recommend them to anyone looking for estate planning or real estate planning needs.
- Arthur F.
What Sets Us Apart?
Over 65 Years of Experience
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We are very selective about the cases we take on to provide you with the highest quality representation.
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Unique knowledge for accountings, tax laws, asset valuations and complex estates.
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Over 65-years collective experience in estate and trust planning, administration, litigation, and guardianship.