No one wishes for a time a family member will not be able to care for themselves. Sadly, accidents occur or the passage of time simply leaves a loved one in need of assistance. When such a situation arises, and the loved one has not made arrangements, then New York law allows for the designation of a guardian. This appointment will help to ensure that an incapacitated person’s needs are met and that they are not exploited. The legal standard for gaining the appointment of a guardian can be quite high. It is important that you retain a lawyer with experience in handling such matters. Holly Meyer is a Long Island attorney who assists with guardian designation. Our office prides itself on providing quality service and we are ready to assist you. Contact us today. We also serve those in Queens, Brooklyn, and other parts of the state.
Long Island lawyer assisting with adult guardianship designations
The state of New York will grant adult guardianships when one either agrees to such an arrangement or one is shown to be incapacitated. An adult guardianship will grant the guardian authority over medical and financial decisions. The extent to which the Court grants a guardian authority will depend on the specific circumstances of the case; the Court’s goal is to take away as little of the supervised person’s freedom as necessary. In order to obtain a guardianship, it must be shown that the individual is unable to provide for the personal needs or that they are unable to manage their property and financial affairs.
The Court will grant a guardianship if it is shown, by clear and convincing evidence, that one cannot care for their affairs. When determining whether one can actively care for themselves, the Court will consider:
- The person’s ability to manage the activities of daily living
- The person’s understanding and appreciation of their inability to make sound decisions
- The person’s preferences, wishes, and values in regards to how they manage their affairs
- The nature and extent of the person’s property and financial affairs and his or her ability to manage them
The first step in obtaining the guardianship is to file a Petition with the Court. The Court will hold a hearing on the matter and will determine whether a guardianship should be granted, the extent of the guardianship, as well as the duration of any restrictions. Again, how the Court will rule in any given case will depend on the facts of the matter. It is vital that you retain an attorney experienced in handling these types of cases.
Holly Meyer is a Long Island lawyer assisting with adult guardianship designations. She will use your initial consultation to gain an understanding of the situation. She will help you understand whether a guardianship is appropriate in your situation, the chances of the Court granting the Petition, and what it is you should expect from the process. Should you decide to go forward, then we will assist you in gathering any necessary records which may help your case. We will quickly file your Petition with the Court and attend the hearing. Holly understands that the decision to seek a guardianship is a serious one – she will take your case seriously. Contact us today.
Long Island attorney staying in regular contact with those seeking an adult guardianship
If you are attempting to gain an adult guardianship then you are already facing a stressful situation. You do not need the added aggravation of a lawyer who does not return your phone calls or answer your questions. Holly prides herself on providing a high level of service. She promptly responds to messages, quickly replies to emails, and makes herself available to answer your concerns. We understand that this is a stressful time in your life. Our Long Island attorney focuses on this area of law so that you may focus on your family.
We also serve Kings County residents in Brooklyn, residents of Queens, those in Nassau and Suffolk Counties, as well as people in other New York areas.
