Email: info@bartonlevine.com| Call: 800-363-3416
Guardianship Planning-The Law Offices of Barton P Levine

Guardianship Representation

When a person becomes incapacitated, and financial or health decisions need to be made, it may be necessary to have a guardian appointed for that person’s protection and care. Many guardianship applications are undisputed, but sometimes families disagree about whether or not a guardian is necessary, or whether the person applying for guardianship should be appointed guardian. When a guardianship application is filed, the allegedly incapacitated person is usually referred to as an “AIP” (an allegedly incapacitated person).

We represent people, who wish to have a guardianship established for an AIP. We also represent people who wish to oppose a particular guardianship application.

When is a Guardianship Necessary?

Under New York law, a hearing must occur before a guardian is appointed. Whenever a guardianship application is filed, the Court will appoint a Court Evaluator to make recommendations, as to the AIP’s need for a guardianship, and the fitness of the petitioner to serve as the Court-appointed Guardian. Sometimes, conflicts arise, as to whether the AIP is really incapacitated, and whether the petitioner is qualified to serve as the Court-appointed guardian. When this occurs, it can be difficult to decide what is in the AIP’s best interest.

When a person becomes incapacitated, and financial or health decisions need to be made, it may be necessary to have a guardian appointed for that person’s protection and care. Many guardianship applications are undisputed, but sometimes families disagree about whether or not a guardian is necessary, or whether the person applying for guardianship should be appointed guardian. When a guardianship application is filed, the allegedly incapacitated person is usually referred to as an “AIP” (an allegedly incapacitated person).

We represent people, who wish to have a guardianship established for an AIP. We also represent people who wish to oppose a particular guardianship application.

If you have a relative or a friend whose physical or mental condition has made it impossible for him to make choices or communicate those choices, a guardianship may need to be initiated. Unless your loved one has created a power of attorney and named someone to act as an agent, guardianship may be the only option for getting the necessary authority to take control and manage his assets. Give us a call toll-free at (800) 363-3416, email us at info@bartonlevine.com or contact us online 

 

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