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 Law Group, 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.
The attorneys of the Makofsky Law Group are eligible for and have received numerous Court appointments in the guardianship context. These include appointments as court evaluators, which involves conducting an investigation to determine whether the appointment of a guardianship is necessary, making recommendations to the Court, 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.
The attorneys have also received appointments by the Court to act as counsel to the individual that is the subject of the proceeding; 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 represent the AIP at the hearings.
Our attorneys have also been entrusted to serve as counsel to the guardian. This appointment occurs once a Court has determined that a guardian is necessary. This role can be necessary for a number of things, but most commonly the appointment is requested when a lay guardian, often a family member, requires assistance obtaining services or long-term care planning for the incapacitated person (“IP”).
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.
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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.
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PHONE: (516) 228-6522
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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.
Attorney Advertising: Information contained in this website may be considered attorney advertising. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
*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.