Guardianship of Incapacitated Disabled Persons in New York
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 can make decisions on behalf of the incapacitated or disabled individual.
New York Articles Specific to Guardianships
Deciding Who Will Care for an Incapacitated or Disabled Individual
The attorneys at the Makofsky Law Group, P.C. are eligible for and have received numerous New York Court appointments in the guardian context. The attorneys at Makofsky Law Group, P.C. have received Court appointments for the following positions:
- Court Evaluator: The court evaluator is charged by the Court with investigating the facts and circumstances of the case and reporting the findings to the Court. The court evaluator will also make a recommendation to the Court as to whether the appointment of a guardian is necessary.
- Counsel to the Alleged Incapacitated Person (AIP): This role requires the appointee to meet with the AIP, determine what his or her wishes are with respect to the guardianship proceeding, and then vigorously represent the AIP at the hearings.
- Counsel to the Guardian: This appointment occurs once a Court has determined that a guardian is necessary. This appointment is most often made when a family member is appointed as the AIP’s guardian and the family member requires assistance obtaining services or long-term care planning for the incapacitated person (“IP”).
Avoiding Guardianship with a 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 an agent under a power of attorney in advance – a much less expensive and reliable option.
A durable power of attorney can also be an important Medicaid planning tool, allowing your agent to engage in Medicaid planning techniques on your behalf to protect your assets. An experienced New York Elder Law Attorney can prepare your durable power of attorney, allowing you to expand the powers given to the agent by including powers not generally provided in basic power of attorney forms.
Managing Conflicts in Guardianships
In some situations, conflicts arise between family members over who is best able to serve as the guardian. Rest assured our attorneys have handled many contested and uncontested guardianship matters and can provide the experienced, effective representation you will need.
Makofsky Law Group, P.C. has extensive experience in petitioning the Court for the appointment of a guardian on behalf of our clients and has received numerous guardianship appointments from the Court. In addition, Makofsky Law Group, P.C. has counseled clients with 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.
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LOCATED IN GARDEN CITY, NEW YORK, MAKOFSKY LAW GROUP, P.C. (formerly Makofsky & Associates, P.C. formerly Raskin & Makofsky, LLP) HAS SERVED CLIENTS IN AREAS INCLUDING LONG ISLAND, NEW YORK CITY, MANHATTAN, QUEENS, BROOKLYN, BRONX, WHITE PLAINS, MINEOLA, HEMPSTEAD, LEVITTOWN, MASSAPEQUA, BETHPAGE, SYOSSET, OYSTER BAY, GLEN COVE, PORT WASHINGTON, MANHASSET, GREAT NECK, WOODMERE, VALLEY STREAM, ELMONT, FLORAL PARK, FLUSHING, KEW GARDENS AND FOREST HILLS, NEW HYDE PARK, EAST MEADOW, PLAINVIEW, Merrick, Westbury, Long Beach, Oceanside, Franklin Square, Huntington and Rockville Centre.
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*Certified as an Elder Law Attorney by the National Elder Law Foundation as approved by the American Bar Association. Certification is not required for the practice of law in the State of New York.