PLEASE NOTE: We are able to fully assist you during these difficult times. We are offering our clients and prospective clients the ability to meet with us via telephone or through video conferencing. Please call our office at 914-948-1500 so that we may assist you.

We are pleased to announce the reopening of our White Plains office location for in-office meetings. We are following the applicable New York State regulations for Phase 2 re-openings. These regulations limit in-person gatherings, so although we will hold a select number of in-person meetings, we will continue to encourage telephone and video-conference meetings whenever possible. We have implemented health and safety procedures for all staff, as well as those clients who come into the office. Please click here for in-office meeting procedures.

Elder Planning Isn't Just For The Elderly

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?

Article 17-A Guardianship

The answer is “yes.” Article 17-A Guardianship is a Surrogate Court action that designates a guardian to act on behalf of an individual with intellectual or developmental disabilities after that person reaches legal adulthood. The Surrogate Court can appoint a guardian for the adult in need – a person over the age of 18 who do not possess the communicative, cognitive or educational capacity to make self-directed decisions. A guardian is helpful when a person cannot provide informed consent for personal, legal, medical or financial affairs.

Guardianship is only granted when the court determines that it is necessary for and in the best interests of the particular adult. Medical evidence or certifications are required from a licensed physician and psychologist (or two licensed doctors, one of whom has experience working with developmentally disabled persons).

In general, guardians are relatives or friends; however, a non-profit organization can also provide guardianship under Article 17-A.

Get help for your loved one

If you feel a loved one may need support as they transition from youth into adulthood, this may be a good time to speak with an attorney. A lawyer can ensure that helpful safeguards are in place for that person.

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