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New York City Guardianship Representation

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Many families have a loved one who becomes unable to care for himself or herself or who has a developmental or intellectual disability. It is a stressful and emotional time when these loved ones are unable to make their own financial and personal decisions.

Our caring and compassionate staff can assist you with some of the common questions and issues related to New York Guardianship, including:

Does Everyone Need a Guardian?

No. There are several less drastic options that can be explored before applying for legal guardianship in New York. You can explore solutions like hiring a personal caregiver for your loved one, establishing powers of attorney or trusts, and creating advance medical directives or health care proxies for catastrophic medical needs.

It’s overwhelming, but that’s okay, because our guardianship attorneys can help you determine the best course of action to help your loved one.

What Is Guardianship?

A guardian is usually a family member or close friend who is empowered by the court to make personal, medical and financial decisions on behalf of the impaired person. Legal Guardianship in New York is a serious undertaking on the part of the caregiver.

Guardians are usually responsible for things like helping the disabled person with medical decisions or making those decisions on their behalf, assisting with daily activities such as bathing, dressing and eating, and managing assets on their behalf.

How Does the Guardianship Process Work? Guardianship of a Child with Special Needs In New York:

In the state of New York, regardless of the nature or severity of their impairment, when a person becomes 18 years old they are assumed to be legally competent to make decisions for themselves. If your child is unable to make decisions or care for themselves, you should consider guardianship well before your child’s 18th birthday. The process of establishing guardianship in New York should be well underway by the age of 17.

Parents should consider not only applying for guardianship themselves, but also selecting a successor guardian in the event that the parents become unable to care for their child.

There are many legal guardianship forms and the guardianship application process involves certifying the child’s disability, submission of doctor’s reports, and a statement of why the person is unable to manage his or her personal affairs. The application will then be reviewed by a judge a hearing and a determination is made.

Let our experienced team for special needs planning guide you and your family through the guardianship process.

How Does the Guardianship Process Work? Guardianship of an Incapacitated Person:

In the case of an adult loved one who becomes unable to make their own financial, personal or medical decisions, it is still necessary to go through the New York State Guardianship Application process. As with a minor, the process of appointing a guardian can be lengthy, complicated, and stressful. Our team understands what you’re going through and will help you draft and file the petition for New York State guardianship.

Let Us Help

If you have a relative or a friend whose physical or mental condition has made it impossible for them to make choices or communicate those choices, it may be time for guardianship. 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 your loved one’s needs.

Whether you choose for us to represent you, or you simply take advantage of our free information and counseling resources, our team is here for you. Give us a call toll-free at (800) 363-3416, email us at or contact us online.

Check out our FREE Guardianship Planning Resources for more information.


Contact us today to schedule a FREE consultation!