Practice Groups

Guardianships may be necessary when a loved one needs help making financial or medical decisions due to a physical disability or lack of mental capacity. A condition may be diagnosed at birth or during childhood, and a guardian would be appointed usually through an Article 17-A proceeding. In the case of an adult who becomes incapacitated suddenly through a catastrophic event or as part of the aging process, an Article 81 proceeding is commenced.

The process of establishing a guardianship is complicated, requiring a court petition and hearing before a judge, who will appoint the guardian. The appointed guardian must then qualify and attend a course. The duration of guardianship will depend on the incapacitated person’s continuing needs. Guardians must file annual reports and have a required number of visits with the incapacitated person.

Sometimes, guardianships are challenged due to conflicts within the family or disagreements over the kind and amount of care the disabled family member requires.

Our compassionate attorneys will be with you every step of the way to ensure the result that is in the best interests of the incapacitated person and vigorously defend our client in the event of a challenge.