Sometimes through age or by accident, individuals become incapable of making good decisions on their own behalf. When self-care or sound financial choices are not possible, people become vulnerable to abuse. With a strong commitment to the fair treatment and dignity of each individual, the Robert Legal Group helps individuals and families explore options such as guardianship to provide safe, needed care for loved ones. Other individuals have developmental delays from birth. We are available to assist families in obtaining the authority to make decisions concerning their loved one’s person and property.
Getting to Guardianship
Part of estate planning is the preparation of documents providing direction for care in the event of incapacitation. Powers of attorney and healthcare proxies are necessary for any person over 18 in case of traumatic injury, sudden illness or other disability.
Making decisions about medical care, financial and residential management while you are able to is important. Without these planning documents, family members and loved ones are left struggling to make decisions, find care and do their best under difficult circumstances. With extensive advocacy experience, our guardianship attorneys help you make good decisions for disabled loved ones.
Under Article 81 of the New York Mental Hygiene Law, appointment of a guardian is made after an evaluative process to determine an Alleged Incapacitated Person’s functional ability. By statute, New York State promotes the least restrictive form of intervention to aid incapacitated individuals. A guardian may be appointed when the following factors are found:
A person is unable to manage personal care, property or finances The person is unable to comprehend the consequences of those inabilities When needed, we help you initiate, or respond to, the guardianship process and provide knowledgeable representation throughout the evaluation by gathering facts, evidence and offering workable guardianship alternatives.
Under SCPA 17-A, a Guardian may be appointed in Surrogate’s Court for those with mental retardation or developmental delays.
Skilled help with guardianship matters throughout the New York Metro area is just a call or click away.