Insight Into The Guardianship Process
A guardianship can protect the health and financial well-being of a loved one. At Futterman, Lanza & Pasculli, LLP, we provide representation on guardianship issues for clients in Bay Shore, Smithtown, all of Long Island and other areas of New York.
Guardianships control the personal and financial affairs of incapacitated adults and disabled children. Frequently, guardianships are set up to address health issues elderly parents may suffer, including stroke, dementia and Alzheimer’s disease. Our lawyers are skilled in all aspects of asset planning, and can identify solutions that appropriately address your circumstances and family dynamics.
Our Approach To Guardianships
Proper planning involves preparing health care proxies, powers of attorney, living wills, trusts, and a last will and testament. However, if an individual loses capacity or never has had the legal capacity to prepare these documents, a guardianship hearing can help. There are two types of guardianships. There is the:
- Article 81 hearing (Article 81 of the Mental Hygiene Law)
- Article 17A hearing (Article 17A of Surrogate’s Court Procedure Act)
The appropriate hearing for each individual varies based on their own specific situation.
At our office, our legal team takes a personal approach to guardianships and other family law issues. From the start, we take the time to learn the details about a client and are sensitive to the entire family’s concerns. It is our goal to address any potential conflict a guardianship could create between family members. A contested guardianship can be an unpleasant experience and is often best avoided.
Guardianships For Children With Special Needs
For parents of children with autism or other developmental disabilities, a guardianship encompasses financial and personal decision-making authority for children reaching the age of majority. It can be beneficial to set up guardianship plans before children reach the age of 18 since at that age a parent no longer has the legal ability to make decisions for a child, whether or not the child is disabled.