Manhattan Guardianship Lawyers – Guiding Caring Families Forward

GUIDING CARING FAMILIES FORWARD

Guardianship can be a difficult situation for families to navigate. Guardianship serves the very important purpose of legally granting authority to an individual who can then make decisions on behalf of another person. Although guardianships are often associated with elderly parents, they can also be essential for minor children and disabled adults and incapacitated adults who require assistance with their personal and financial affairs.

When an individual is no longer able to make decisions on their own due to age or disability, they must rely on a legal guardian to act in their best interests. It can be an emotionally challenging time for the family involved as there is often a sense of guilt or sorrow associated with this process. It’s important that those seeking guardianship have access to experienced attorneys who can guide them through the complexities of filing correctly and navigating both state and federal laws efficiently.

At the Law Offices of Vlad Portnoy P.C., our team of NYC guardianship attorneys understands and empathizes with these emotions. We work closely with clients every step of the way to ensure they receive quality advice and reliable assistance throughout the guardianship process. Our goal is to offer caring and compassionate guidance as we assist families in obtaining the necessary guardianships for their loved ones while respecting their wishes at all times. Contact us today to set up your initial consultation.

WHAT IS A GUARDIANSHIP?

A guardianship is a legal arrangement where an individual or entity is appointed by the court to manage the physical and/or financial affairs of someone else, often due to age, disability, or illness. This person or entity is known as the guardian.

The guardian acts on behalf of the person who needs care to make decisions about their health care, finances, and other important matters. The scope of the guardian’s authority depends on what kind of guardianship has been established by the court.

For example, a full guardianship gives the guardian broad power over all aspects of a ward’s life, while in limited guardianships, a guardian may only be responsible for certain areas, such as medical decision-making.

When establishing a guardianship arrangement, it is important to work with our experienced guardianship attorneys, who can help navigate legal complexities and ensure that all parties involved are properly protected. We can also advise on appropriate limitations on a guardian’s powers to ensure that wards maintain as much autonomy as possible.

TYPES OF GUARDIANSHIPS IN NEW YORK STATE:

In New York State, guardianships can be classified mainly into two types: Article 17A guardianships and Article 81 guardianships, each serving different purposes based on the needs of the ward.

ARTICLE 17A GUARDIANSHIPS: 

Article 17A guardianships are specifically designed for individuals who are intellectually or developmentally disabled. These guardianships are established to protect individuals who, despite being legally recognized as adults at the age of 18, lack the capacity to make decisions for themselves due to their disabilities. 

Conditions that typically qualify for an Article 17A guardianship include:

• Autism
• Cerebral palsy
• Epilepsy
• Severe head injuries resulting in disability
• Other neurological impairments

This type of guardianship is often sought by parents or close family members and is granted by a surrogate judge. It is considered one of the more restrictive forms of guardianship under New York law, given its broad scope over the ward’s personal and financial affairs.

ARTICLE 81 GUARDIANSHIPS: 

Article 81 guardianships, on the other hand, cater to individuals who are incapacitated due to reasons other than intellectual or developmental disabilities. These guardianships are more flexible and tailored to the specific needs of the ward. The court appoints a guardian based on the individual’s inability to manage their personal or financial matters due to conditions such as dementia, Alzheimer’s, stroke, or severe accidents.

Under Article 81, the court carefully assesses the level of incapacity and appoints a guardian with the authority limited to only those areas where the ward needs assistance. This could range from managing finances to making medical decisions. The goal is to ensure that the ward retains as much autonomy as possible while receiving the necessary support.

APPOINTMENT AND RESPONSIBILITIES OF GUARDIANS: 

The process of appointing a guardian begins with a petition filed in court. For Article 81 guardianships, the court will appoint a temporary or permanent guardian to represent the interests of the incapacitated person during the hearing. Medical evaluations and evidence are crucial to establish the need for guardianship.

Once appointed, guardians must undergo training and adhere to fiduciary responsibilities, including managing assets, making healthcare decisions, and ensuring the ward’s well-being. 

Guardians are also required to provide regular reports to the court on the status and expenditures related to the ward.

DON’T TAKE ON THE GUARDIANSHIP PROCESS BY YOURSELF

Working with experienced guardianship attorneys can help navigate the complexities of both guardianship cases. Our legal professionals can assist in filing petitions, representing clients in court, and ensuring all legal requirements are met. We can also provide guidance on maintaining open communication between family members, social workers, and medical professionals to protect the ward’s best interests. By understanding the distinct types of guardianships and the specific legal processes involved, families can make informed decisions that best support their loved ones’ needs.

In addition, we can help create clear communications between family members and court-appointed professionals such as social workers or medical personnel who are charged with evaluating and recommending to the court whether guardianship should be established. 

Our attorneys will also provide support throughout any changes or modifications that need to be made down the line to ensure that everyone’s interests remain protected.

WHAT’S THE DIFFERENCE BETWEEN A GUARDIANSHIP AND A CONSERVATORSHIP IN NY?

While some states use these terms interchangeably and other states separate them, in New York the term conservatorship has been out-of-use for more than 30 years. Instead in NY the main difference lies between a Guardian of a Person (as it relates to health) and a Guardian of Property (relating to money).

Guardian of Property

A property guardian is responsible for managing another person’s finances, including money, investments, and savings, as directed by a judge. This guardian must also file an annual report detailing the status of the property.

Guardian of a Person

A guardian of the person has the authority to make important life decisions for another individual, such as those concerning health care, education, and welfare. Additionally, they have the power to make gifts, marshal assets, pay the incapacitated person’s bills, retain an accountant, and maintain and defend lawsuits on the incapacitated person’s behalf.

WHAT GOES INTO THE GUARDIANSHIP PROCESS?

When it comes to guardianship, an attorney is integral to ensuring the process goes smoothly. A guardian is responsible for making decisions regarding medical care, education, housing, nutrition and more. It’s important that all parties involved in the guardianship process understand their rights and responsibilities throughout the process. We will work with you and any other necessary parties, such as family members, to ensure everything is done according to legal standards.

The guardianship process begins with filing an application with the court of jurisdiction. The court will then make a determination based on the relevant facts and evidence presented. An attorney experienced in guardianship laws is usually consulted throughout the process to ensure all legal requirements are met.

The guardian must demonstrate they can properly manage the ward’s financial affairs as well as handle any medical decisions relying on their best interest. Guardians have fiduciary responsibilities which need to be taken seriously. Additionally, they must provide detailed reports of all funds spent on behalf of the ward at least annually so that it can be cleared by court personnel if needed.

Our guardianship attorneys help families navigate a complex legal system when it comes to caring for those unable to do so themselves. It’s crucial that those considering setting up a guardianship understand what is involved before taking any steps forward, as there are numerous rules and regulations which need to be followed carefully in order for everything to go smoothly. From filing petitions for guardianships to representing clients in court hearings, having a qualified attorney at your side can make sure the best interests of those involved are taken into account during every phase of the process.

Working with our knowledgeable attorneys that are well-versed in guardianship law can help make sense of it all and ensure that every step of the way goes off without a hitch.

CAN A MANHATTAN GUARDIANSHIP LAWYER HELP YOU?

At the Law Offices of Vlad Portnoy P.C., we understand that seeking guardianship is a deeply personal and often emotional decision. Our experienced attorneys are here to provide knowledgeable and compassionate advice and representation throughout this process. Whether you are considering temporary or permanent guardianship, we are committed to ensuring that your rights as a guardian are both protected and respected.

We recognize that guardianship matters involve difficult decisions and complex emotions. Our attorneys are here to listen, support, and guide you every step of the way with empathy and understanding.

We have extensive experience assisting families with special needs loved ones who require guardianships due to physical, mental, developmental disabilities, or other medical conditions. Our team is well-versed in the relevant state laws and legal proceedings involved in obtaining and managing guardianships.

Understanding that every family’s situation is unique, we tailor our services to meet your specific needs. Whether you need help appointing a guardian, estate planning, discussing available government benefits, or protecting an incapacitated loved one, we are here to guide you through all aspects of the guardianship process.

At the Law Offices of Vlad Portnoy P.C., we take pride in offering trusted and compassionate counsel for those seeking guardianships for themselves or their loved ones. Please contact us today to schedule your initial consultation. We are here to help you navigate this challenging journey with care and dedication.