Caring For A Loved One Through Guardianship
If you are faced with a loved one or friend who can no longer make decisions as to his or her personal and financial affairs or is a victim of elder abuse (physical and/or financial), he or she may need to protections provided by a Guardianship proceeding.
Because your loved one has such physical or mental challenges such as Alzheimer’s, senility, dementia, Lou Gehrig’s disease (ALS) or multiple sclerosis, he or she may no longer be able to make the appropriate health care, financial or property decisions. In such cases, often your best alternative may be the appointment of a guardian for that person, especially if he or she does not have an appropriate power of attorney or health care proxy.
We are very experienced in matters of guardianships and powers of attorney (POA). We are the attorneys at the Westchester, New York, guardianship and elder law firm Enea, Scanlan & Sirignano, LLP.
If your loved one can no longer take care of himself or herself, protect him or her with a guardianship. Call 914-269-2367 today.
What is Article 81 Guardianship?
Under New York’s Mental Hygiene Law, an Article 81 guardianship is one that involves a person who has been declared incapacitated by a judge. Because of their incapacitation, the guardian may be granted the power to:
- Access financial accounts
- Determine their living situation
- Pay their bills
- Set up their medical care
An Article 81 guardianship serves incapacitated adults – not minors.
When Guardianship Becomes Necessary
Guardianships are necessary when an individual is unable to make informed decisions due to cognitive impairments, disabilities or age-related conditions. They can provide protection in cases of financial mismanagement, health care decisions or personal safety concerns. Courts establish guardianships when less restrictive alternatives, like powers of attorney, are insufficient.
While guardianship limits autonomy, it provides essential oversight, allowing vulnerable individuals to receive proper care, financial stability and legal protection while preventing exploitation or neglect.
Types Of Guardianships Available
With Guardianship of the Person, the guardian makes decisions about where the ward lives, what medical care they receive and other crucial issues. With Guardianship of the Property, the guardian can make financial decisions, handle real estate, pay taxes and more. With a combined guardianship, they have control over both areas.
The Guardianship Process
Obtaining guardianship in New York involves submitting a guardianship petition via Form GC-210. Any legal adult with a concern for the elderly individual can seek guardianship, although it usually involves family members or close friends. In some cases, social workers may be involved.
After the petition has been submitted, the court will evaluate the vulnerable individual to determine if they lack the capacity to make their own decisions. Courts do not make incapacitation rulings lightly.
The next step involves attending a hearing arranged for all involved, where the guardianship will be discussed in depth. It is the court’s job to determine if the guardianship is truly necessary, as putting someone under guardianship can take away some of their rights.
If the hearing results in the approval of the petition, the court will appoint the guardian.
Alternatives To Consider First
In New York, alternatives to adult guardianship include Supported Decision-Making (SDM), which allows individuals to make choices with guidance from trusted advisers. Other options include assigning a health care proxy, establishing powers of attorney and representative payees for financial management. Setting up asset protection trusts can be another option.
These alternatives promote autonomy while providing necessary support, offering less restrictive solutions than full guardianship.
We Can Help You Establish A Guardianship
For decades, we, the attorneys at Enea, Scanlan & Sirignano, LLP, have helped clients like you establish guardianship for their incapacitated loved ones, ensuring that these family members are well-protected.
To establish guardianship, you go through a process known as an “Article 81” Guardianship proceeding. We can represent your interests in this proceeding, whether someone is contesting the guardianship or not.
Need To Establish A Guardianship? We Can Help.
The guardian of your loved one need not be you; he or she could be another trusted family member or a disinterested but trustworthy third party.
Having more than a quarter century experience in helping clients like you care for their incapacitated loved ones, we can help you, too. We are the guardianship lawyers at Enea, Scanlan & Sirignano, LLP. To talk to us, call us today at 914-269-2367. If you prefer, you may reach us by completing the online form. With offices in White Plains and Somers, New York, we serve the greater Westchester County area. For frequently asked questions about Guardianships, please visit our Guardianships FAQ page.
