Guardianship

Experienced New York attorney works with adults who wish to care for their elderly loved ones.

The Law Office of Tamara I. Jordan, PLLC focuses on helping clients throughout the New York City metro area establish legal guardianships on behalf of family members and friends. One of the hardest things any person has to face is the deterioration of a loved one’s physical or mental health. When it comes to the point where that loved one can no longer manage their own affairs, it may be necessary to assume legal authority over those matters through a guardianship, which some people and other states refer to as a “conservatorship.”

Caring for a loved one can be extremely difficult. At the Law Office of Tamara I. Jordan P.L.L.C., we can take steps to ensure that your loved one receives the necessary care and to assess whether you or someone you trust should petition the court to serve as guardian for your loved one’s personal and property needs.

Since 2005, my law office has been providing effective legal representation in all types of New York guardianship matters, including:

Preparing and filing guardianship petitions
Establishing incapacity
Guardianship management
Guardianship litigation
Terminating guardianships

As an experienced estate planning, elder law and litigation attorney, we have over 20 years of experience handling all types of guardianship matters, whether simple or complex. In even the most contentious cases, we design constructive ways to seek out amicable solutions that will help families maintain positive and lasting relationships.

New York laws relating to guardianship

In New York, a guardian can be appointed by the court to take care of an adult called an incapacitated person (IP) or a person in need of a guardian (PINS). This enables the guardian to make personal, legal, healthcare and financial decisions on the IP or PINS’ behalf. Because every case is unique, some IP or PINS may possess the ability to manage certain affairs but need help in managing day-to-day activities.

The State of New York enacted Article 81 of the New York Mental Hygiene Law in 1992, which allows a person to manage another adult’s personal and financial affairs entirely or in part. The goal of Article 81 is to protect the rights of the individuals and provide the least restrictive means of ensuring that their needs are met and managed under the Court’s supervision..

Disputes are not uncommon in guardianship cases, as the incapacitated loved one might object to the proceeding. Often times, family members might disagree about the need for a guardianship or who should serve as the guardian. When disagreements arise, we work towards a positive resolution while strongly advocating for arrangements that are in the best interests of the incapacitated individual.

A proactive approach to guardianship through estate planning

Certain estate planning provisions can make the process of guardianship either simpler or unnecessary.

A guardianship may not be necessary if the incapacitated adult has previously established an estate planning instrument such as a healthcare proxy or power of attorney. Our law office can help you name a guardian in your will to protect your minor children, outline your wishes and choose a representative to carry them out. This can be part of a thorough estate plan that also protects your assets and sets forth clear instructions regarding their eventual transfer.