New York Guardianship FAQs: Important Things To Know

Last updated on September 9, 2024

With over 150 years of combined legal experience, our attorneys at Enea, Scanlan & Sirignano, LLP, understand just how complex New York elder laws can seem to our clients. Our focus is to help families understand the benefits of guardianship of their elderly loved ones. To make things easier, we have created a list of frequently asked questions. Here is what you should know:

What is a guardian? What do they do?

As our loved ones age, they often cannot care for themselves like they once could. This can happen if an elderly person develops a mental condition, such as Alzheimer’s or dementia. To protect our elderly loved ones from elder and financial abuse and tend to their daily needs, a guardian can be assigned. A guardian is a family member or friend who can legally represent an elderly person and make decisions on their behalf.

What is the difference between Guardianship Article 17A vs Article 81?

Family members and friends have several guardianship options for their elderly loved ones. Article 17A guardianship gives the guardian the power to make all decisions for an adult with an intellectual or developmental disability.

Unlike Article 17A guardianship, the purpose of Article 81 guardianship is to give the guardian power over certain necessities for an incapacitated adult. The power of the guardian is tailored to a person’s financial and/or personal needs.

What happens at a guardianship hearing?

To establish guardianship, a hearing must be held to prove that the person in question requires guardianship. A hearing can also determine the guardian’s duties and limitations. Our lawyers can prepare our clients for guardianship hearings.

Is guardianship permanent?

The specific needs of a guardian for a loved one can determine whether guardianship is permanent or temporary.

Do I need an attorney to file a guardianship petition?

While you do not need an attorney for a guardianship petition, it is highly recommended. Establishing guardianship is not easy, and an attorney should be by your side every step of the way.

Talk To A Guardianship Attorney Today

You do not have to wait to get the help you need. You can reach out to our White Plains firm and talk to a trustworthy elder law attorney about your need to create guardianship for a loved one. Call today to schedule a consultation at 914-269-2367. You can also reach us by completing the online form.