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, and
affidavits from physicians.
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.
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.
Estate Services We Offer
Client Won CustodyAs 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 ...
Brothers Inheritance RestoredAfter 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 ...
Porch Will Matter ResolvedIn another important, yet smaller financial matter, we recently settled a will contest where the decedent's will was signed and witnessed …. on his front doorstep. It was argued that the proper legal formalities were not followed in the execution of the will in this case and ...
Whether you need emergency guardianship of an elderly parent or legal guardianship of an adult with a disability, our North Carolina and New York law firm 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 in New York and North Carolina 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 NY guardianship attorneys have decades of experience and expertise in current New York and North Carolina 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.
Client Won CustodyDying Without A WillAs 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 EstateEstate CaseA 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 RestoredEstate DisputeAfter 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 ...