Avoid the Need for Guardianship Proceedings
When an incapacitated adult cannot make decisions about his or her finances and personal affairs, and there are no powers of attorney in place, a guardian may be necessary. It is best to set up durable powers of attorney and health care proxies ahead of time to look after the personal care, living circumstances and financial and legal matters. If the resources are not in place to address these issues, the court may appoint a guardian.
Kantrowitz, Goldhamer & Graifman, P.C., is experienced with guardianship proceedings, but we advise you to arrange affairs in advance so they are unnecessary. Guardianship proceedings can involve expensive litigation and can damage relationships. It is better to have a health care proxy (accompanied by a living will or an advance health care directive) and a durable general power of attorney in place before the need for a guardian arises. Properly drafted, these documents should negate the need for a court-appointed guardianship. To arrange a consultation with our Rockland County guardianship lawyers, please call 800-660-7843 or contact us online.
Protect Your Loved One's Interests
Our attorneys can work with you to draft durable powers of attorney and health care proxies so that you have people and plans specified in case you ever are temporarily or permanently incapacitated by injury or illness. When people who do not have these legal documents are incapacitated, the court may appoint a guardian for them.
A guardian must be appointed by a judge upon clear and convincing evidence that a state of incapacity exists. Guardianships proceedings are like adversary proceedings, with the incapacitated person in a role similar to a defendant. The person seeking to be the guardian is similar to a plaintiff.
It can be unpleasant to sit through these hearings. The wards may be confused or angry, feeling as if they are losing their freedom. Guardianship proceedings may disrupt family relationships, causing permanent rifts. We handle proceedings with care and sensitivity for everyone involved.
Are you ready to plan for the future of your family? Please call us in New York or New Jersey at 800-660-7843 to schedule an appointment. Messages left after business hours are returned promptly.
