Deciding Who Will Care for an Incapacitated or Disabled Individual

When an incapacitated or disabled adult cannot care for him or herself or make decisions about health or finances, a guardianship may be established through a court proceeding so that an appointed person, relative or friend can make decisions on behalf of the incapacitated or disabled individual.

Makofsky & Associates, P.C. has handled guardianships and other issues related to disability and elder law since 1991. Located on Long Island, we serve communities in Nassau, Suffolk and Queens counties and throughout the New York metropolitan area. To schedule an appointment at our firm call (516) 228-6522 or contact us online today.

Attorney Ellen Makofsky has received numerous court appointments to act as court evaluators in guardianship cases. This involves determining whether guardianship is truly necessary, and which individual is best suited to act as the guardian. The court evaluator is charged by the court with investigating the facts and circumstances of the case and reporting the findings to the court. A guardian’s power is given by a judge, who determines what the guardian can and cannot do.

Some Guardianships are Avoidable: Durable Power of Attorney

Guardianships are often necessary after a long, slow mental decline resulting from the natural aging processes. A sudden accident or illness can also render an individual incapacitated and in need of a guardianship. You can avert the need for guardianship and the ensuing court proceeding by designating a power of attorney in advance – a much less expensive and certain option. A durable power of attorney allows for more freedom of choice in planning, including Medicaid planning.

A durable power of attorney can be an important Medicaid planning tool, allowing your agent to enter into Medicaid planning techniques on your behalf and to protect your assets. An experienced elder law attorney can prepare your durable power of attorney. This will allow you to expand the powers given to the agent by including powers not provided for in basic power of attorney forms.

Dealing with Conflicts in Guardianships

Our attorneys are not just legal professionals. They are also mothers, daughters, sisters and wives who understand the importance of family and the nature of internal family dynamics. In some cases, for example, conflicts arise between siblings over who is best able to serve as the guardian. We have handled many contested and non-contested guardianship cases and can provide the experienced, effective representation you will need.

To schedule a consultation with one of our lawyers, call (516) 228-6522 or contact us online today.

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*Certified by the National Elder Law Foundation.

The National Elder Law Foundation is not affiliated with any governmental authority. Certification is not a requirement for the practice of law in the State of New York and does not necessarily indicate greater competence than other attorneys experienced in this field of law.