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Guardianship Law

Lucy, 72 years old, is a beloved member of her community and a woman of great wealth. Lucy has a strong support system. Lucy agreed to the appointment of a guardian to manage her affairs for a limited period of time. A guardianship judge appointed a guardian for Lucy’s personal and property needs and the judge ruled that Lucy should have a guardian for a period of two (2) years.

Three days ago, Anna, Lucy’s guardian, filed a motion seeking to extend her personal and property management authority for an indefinite period. However, Lucy’s circumstances have greatly improved; Lucy has resources to manage her affairs by executing a durable power of attorney and she appointed her sister as agent. Lucy also has financial advisors, trustees, and a geriatric care manager.

Lucy wants to manage her affairs without a guardian and she wants the Guardianship terminated. What should Lucy do? Lucy should contact an attorney immediately.

Pursuant to Mental Hygiene Law § 81.03 (d) and (e), a guardianship judge will consider whether Lucy has sufficient resources to adequately protect her personal and financial interests and whether Lucy’s resources will serve as the least restrictive form of intervention.

To learn more about the steps you need to protect your rights in a guardianship case, contact the Law Office of Tamara I. Jordan P.L.L.C.

The Law Office of Tamara I. Jordan P.L.L.C. handles guardianship cases in Manhattan, Brooklyn, Queens, and the Bronx.

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