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Guardianships Archives

Pursuing guardianship over an incapacitated adult

If you have a loved one who has suddenly become too ill to make decisions for him- or herself, you may need to seek guardianship powers to make decisions for him or her. New York law allows for children and other close family members of incapacitated persons to apply for guardianship to ensure that their loved one is appropriately cared for.

How can a guardianship be terminated

Previously, this blog discussed the basic rights that are enacted when a guardianship is put into place. Such a legal arrangement can be beneficial in many circumstances, especially when an elderly individual is unable to make decisions on his or her own. These guardians can help handle medical, educational and financial matters.

A look at the basics of guardianship

There are many reasons why someone may find themselves in a situation in which they can no longer make decisions for themselves. Whether that's physical or mental challenges such as multiple sclerosis, Lou Gehrigs disease, Alzheimers, senility, dementia and the like, there are a variety of reasons why it may be necessary to designate a guardian for someone. These can be personal or financial, too, such as when a person becomes a victim of elder abuse or perhaps financial affairs necessitate the protections of guardianship.

Guardianships play a critical role in the lives of the disabled

Illnesses and injuries can rob otherwise healthy New Yorkers of their ability to care for themselves. Not only can an accident or other life-altering event prevent a person from being able to manage their physical well-being but such an occurrence can also preclude such a person from taking care of their financial and legal responsibilities.

Stepping up for the good of your loved one

If you have fond memories of your loved one caring for you as a child, you may be struggling with watching them grow older, more fragile. Seeing a parent decline in health and mental capacity can be upsetting and concerning, and sometimes it means you have to make difficult decisions.

My loved one needs help. Can I appoint a Guardian?

Article 81 is a Guardianship law in New York. It is known as the "Mental Hygiene Law," which allows the State to select a Guardian to help protect and handle the financial or personal dealings of an individual who is unable to do so as a result of an incapacity. Generally, an incapacitated individual is one who is incapable of taking care of his or her own needs. Such persons need support from others, as they cannot manage important aspects of their lives.

Who can support an adult in need?

When a person turns 18 in New York, the law presumes that the individual is competent to make important life discussions. In other words, a person is not allowed to make medical, financial or personal choices on behalf of an "of age" individual. However, what happens if a legal adult is incapable of making life decisions without assistance? Is there a legal remedy for those in need?

Westchester Elder Law Attorney Sara E. Meyers Sheds Light on Guardianships

Have You Selected a Standby Guardian for Your Minor Children?

As it becomes more and more apparent that we are living in an increasingly dangerous world, one of the most difficult and often contentious decisions parents of minor children will need to make is who will be the standby guardian(s) of their minor children in the event of their demise. While the possibility of that occurring is not something one wants to dwell upon, it is an important issue that parents need address.

Office Locations

Enea, Scanlan & Sirignano, LLP
245 Main Street
White Plains, NY 10601

Phone: 914-269-2367
Toll Free: 800-724-1327
Fax: 914-948-9316
White Plains Law Office Map

Additional office location
in Somers, New York


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