Estate Planning Isn’t Just For The Elderly

Smiling, thougtfull woman in her seventies.

New York Guardianships Deciphered

When your loved one became incapacitated or disabled, you were fully committed to giving them the care they deserved. As you soon discovered, however, there were limits to what you could do on your own. Could a guardianship give you more options?

A lot goes on in White Plains, but for most locals, few things outrank the importance of family. We feel the same here at Enea, Scanlan & Sirignano, LLP. As attorneys that people depend on when the future hangs in the balance, we’ve shared New Yorkers’ ups and downs as they plan for the unknown. Legal knowledge and compassion are our hallmarks, and we’re always ready to apply them on your behalf.

What Are A Guardian’s Responsibilities In New York?

If your loved one can’t look after themselves, you can ask a court to establish a guardianship. A guardianship is a formal legal relationship between:

  • A ward, such as a relative with developmental health problems who needs someone else to handle their decisions
  • A guardian, the responsible adult who will make legal decisions or care for the ward.

Establishing a guardianship for someone in need may be a wise move. Unfortunately, the steps aren’t always as straightforward as they ought to be. At Enea, Scanlan & Sirignano, LLP, our experienced attorneys believe in helping people do what’s right no matter how insurmountable the obstacles may appear.

Understanding New York Guardianship Distinctions

Many of our clients establish Article 81 or Article 17-A guardianships. Named for the laws that define them, each of these arrangements fulfills a unique purpose:

  • Article 17-A: Guardianships established under Article 17-A allow guardians to be named for wards who have developmental or intellectual disabilities
  • Article 81: An Article 81 guardianship allows guardians to be named for adult wards who are incapacitated

Filing a guardianship petition can be a complicated process. Guardians have to fulfill a variety of responsibilities regarding the ward’s physical health, financial situation and mental well-being. The court will demand a significant amount of background information and make you prove that you’re eligible to designate or become a guardian.

When you want to do right by someone you care about, talk to an attorney at Enea, Scanlan & Sirignano, LLP. We’re invested in helping you steer through the guardianship process. Call 914-269-2367 or send us a message online to schedule a consultation with one of our lawyers. We proudly serve clients throughout Westchester County.

Enea, Scanlan & Sirignano, LLP