Manhattan Law Firm Helps Clients Care for a Loved One Through Guardianship
Experienced New York attorney works with adults who wish to care for incapacitated adults
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 incapacitated 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 states refer to as a “conservatorship.”
Since 2005, my law firm 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, I have over 20 years of experience handling all types of guardianship concerns, whether simple or complex. In even the most contentious cases, I devise 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 incapacitated adult (called a “ward”). This enables the guardian to make personal, legal, healthcare and financial decisions on the ward’s behalf. Because every case is unique, some wards remain capable of managing certain affairs but need help with others.
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 individual and provide the least restrictive means of ensuring that their needs are provided for.
Disputes are not uncommon in guardianship cases, as the incapacitated loved one might object to the proceeding. Or, family members might disagree about the need for a guardianship or who should be the guardian. When disagreements arise, I 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. Parents of minor children can make provisions in their will to name a proposed guardian should something happen to both parents. Since only the court can appoint a guardian, that person would need to apply for guardianship. Typically, courts will honor the parent’s choice.
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. My office can help you name a guardian in your will to protect your minor children, outline your wishes and choose a representative or surrogate 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.
Contact a qualified NYC guardianship attorney today
The Law Office of Tamara I. Jordan, PLLC has deep knowledge of New York’s guardianship laws and extensive experience handling disputes over legal authority for an incapacitated person. Call my Manhattan office at 888-202-7022 or contact me online to schedule an initial consultation.