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What is a Guardianship?

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Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C.

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Written/Reviewed By:

Barry S. Kantrowitz, Esq.

Last Updated: Apr 28, 2026

Read Time: 3 mins

Estate Planning Attorneys for Guardianship Proceedings

If an adult member of your family becomes incapacitated, it may be necessary to seek a legal guardianship to protect their finances and to ensure they receive the best care possible. Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. is experienced at handling complicated guardianship proceedings, should they become necessary.

Guardianship proceedings may become expensive, if litigation is required and often affects family relationships. It is better to have a durable power of attorney, a living will and an advance health care directive/health care proxy, to avoid guardianship proceedings. Having these properly drafted documents should negate the need for a contested hearing or court-appointed guardianship.

Can Durable Powers of Attorney Avoid Guardianship Proceedings?

The best way to deal with a guardianship situation may be to avert it by implementing a legally documented plan before a time of critical need. It is difficult to think about yourself or someone you are close with sustaining serious injuries in an accident or becoming ill. However, dealing with this possibility when you have all of your faculties can prevent an upsetting legal situation.

KGG’s estate 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. The absence of these legal documents may require the court to appoint a guardian in the event that you are unable to make these important decisions for yourself.

Does Your Relative Need a Guardianship Appointed?

When an injury or illness renders an adult incapable of making decisions about his or her affairs, having a legal guardian may be necessary. This guardian will take over their responsibilities, such as:

Personal care
Living circumstances
Finances
Legal matters

In order to appoint a guardian, a judge will first require clear and convincing evidence that a state of incapacity exists. However, each case is different. We will need to review your specific situation to evaluate the case and to determine what proof is needed by the court.

Guardianship hearings can also be unpleasant experiences. If the person who is becoming a ward does not or cannot understand what is happening, they may become confused or angry. Our KGG estate lawyers understand that you only want what is best for your loved one. We handle all guardianship proceedings with care and sensitivity for everyone involved.

Estate Planning Attorneys for Guardianship Needs

If you need to go to guardianship court for a judgment or if you would like to put documents in place to avoid this battle, our estate attorneys can help. Please call us in Rockland County, New York or Bergen County, New Jersey at (866) 971-0927 or fill out an online contact form to schedule an appointment. Messages left after business hours are returned promptly.

Why Trust Us?

150+ Reviews

50+ Years of Service

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Client Reviews

    
 
 
      Posted on Google  
   LWelsh 
 10 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Clever and efficient.
  
 
     Posted on Google  
   Kenny Perlow 
 31 days ago
 
 
 Trustindex verifies that the original source of the review is Google. KGG Law, and Barry Kantrowitz in particular, set the bar high for what a thorough, practical, strategic, compassionate and smart lawyer can be. Everything about Barry's advice and representation was exemplary and the stress mitigation that resulted was invaluable. On top of that, the ultimate result Barry achieved was beyond what was reasonable to expect and we are forever grateful. Often, people say that you hire a lawyer to prevent a problem. Sometimes, unfortunately, you need an attorney to solve a problem and I could not recommend Barry and his firm any more highly in that regard.
  
 
     Posted on Google  
   Aliza Ali 
 95 days ago
 
 
 Trustindex verifies that the original source of the review is Google. My dad had a great experience with this law firm. From the very beginning, the team was professional, knowledgeable, and always willing to answer our questions. They kept us informed throughout the entire process and made what could have been a very stressful situation much easier to handle. We truly appreciated their dedication, honesty, and hard work. Thanks to their support, my dad felt confident every step of the way. We are very grateful for everything they did and would highly recommend this firm to anyone looking for reliable legal representation.
  
 
     Posted on Google  
   Jana Montero 
 98 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I had a wonderful experience working with Sam Smith. He was very responsive, thorough, and easy to work with from start to finish. He walked me through everything clearly and made what started as a very stressful situation for me into something completely manageable. I would not hesitate to recommend him and the firm!
  
 
     Posted on Google  
   Mike Sakmann 
 104 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I sought legal advice regarding an employment matter and had an excellent experience working with Sam Smith, Esq. at KGG Law. Sam was thorough, attentive, and took the time to listen carefully to my concerns before providing clear, thoughtful guidance. I appreciated the professionalism and care shown throughout the process, and I would confidently recommend KGG Law to anyone in need of legal assistance.
  
 
     Posted on Google  
   Liz Hecker 
 110 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I can't say enough about this firm. They manage to comfort you during the whole legal process while staying professional and doing what is right. I would recommend them to anyone and also hire them again if I need legal help.
  
 
     Posted on Google  
   Brandy Miller 
 133 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate is the best. She helped me very quickly, and was very attentive with all of my needs. So thankful for her
  
 
     Posted on Google  
   Mike Greenspan 
 146 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate Carballo is a dedicated, passionate, and creative attorney whom I had the pleasure to lecture with at a state trial lawyer's conference. Kate's lecture demonstrated how she uses her innovative and "out-of-the-box thinking" to achieve outstanding results for her injured clients. That Kate is certified by the Supreme Court of New Jersey as a civil trial attorney is a testament to her skills, experience and commitment to excellence.
  
 
     Posted on Google  
   Jonathan Sampson 
 153 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Was referred to KGG law by a friend and could not have asked for better legal representation. They walked me through every step of the process after my accident and began every call with “ how are you feeling” which was just one example of how much they care about their clients. They handled my case very efficiently, professionally and courteously. My attorney Kate Carballo was a rock star! So clearly experienced, she consistently made me feel at ease with the process. Highly recommend
  
 
     Posted on Google  
   Vinnie Kung 
 156 days ago
 
 
 Trustindex verifies that the original source of the review is Google. We had a great experience with the team at KGG Law. While it was a traumatic time for our family, they made it very easy for us and explained all of our options. They even performed due diligence to make sure that after our settlement, there would be no further issues which I think is even more important than the settlement itself. Thank you!

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