The legal process of guardianship 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.
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, and
affidavits from physicians. Contested guardianships 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.
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.
Call our team today at 914-228-7448 or use our online form to schedule a consultation.
Whether you need emergency guardianship of an elderly parent or legal guardianship of an adult with a disability, we can recommend guardianship alternatives, explain the duties of the guardian, and help clients determine what type of guardianship is most appropriate for their situation:
- Guardianship of a child under 18 years of age, not married, and not in the military service may be pursued under Article 17.
- Guardianship of a person who is over 18 and is intellectually or developmentally disabled may be pursued under Article 17 – A.
- Guardianship of an incapacitated person who is unable to care for themselves or manage their property and finances may be pursued under Article 81
We can also:
- File all necessary paperwork and petitions, including the guardianship petition, with the court.
- Provide the guardian with fiduciary responsibility guidance including assisting with annual accountings required by the court.
- Assist and represent the guardian when filing a petition to expand the guardian’s powers
- Provide guidance for protecting assets so that the individual needing a guardian can maintain eligibility for government benefits.
Our Guardianship Expertise
We routinely assist families who have a loved one with an intellectual or developmental disability, or a loved one that has become unable to make his or her own personal and financial decisions, through the guardianship process. Having acted as attorneys for the alleged incapacitated person, the proposed guardian and as Court Evaluator when appointed by the courts, we have seen most every side of guardianship proceedings. Our guardianship attorneys have decades of experience and expertise in current New York guardianship law.
More Information About Guardianship
Personalized Guidance From Start to Finish
We are very selective about the cases we take on to provide you with the highest quality representation.
Attorneys and Certified Public Accountants
Unique knowledge for accountings, tax laws, asset valuations and complex estates.
Exceptional Estate and Trust Law Experience
Over 65-years collective experience in estate and trust planning, administration, litigation, and guardianship.
I couldn’t have asked for anyone better to assist me.
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