Rockland County Guardianship Lawyer
Elder Law Attorney for Adult Guardianships in Orangetown and the Hudson Valley Area
Caring for an elderly or disabled family member is a responsibility that many people take on during their lifetime. However, when doing so, it is often necessary to put certain legal protections in place to ensure that all parties’ rights and wishes are respected. In many cases, establishing legal guardianship is a necessary step. If you need to establish guardianship for a loved one, or if you would like to have someone named as your legal guardian, you should work with an experienced elder law attorney.
At the Law Offices of Robert S. Lewis, P.C., we have assisted numerous people and businesses with estate planning and a wide variety of other legal issues. Attorney Robert Lewis has over 35 years of experience, and he will take the time to understand your family’s needs, address your concerns, and provide you with dedicated legal help throughout the guardianship process.
Establishing Legal Guardianship
Article 81 of the New York Mental Hygiene Law defines the procedures used to appoint someone as the legal guardian of an adult. The purpose of this law is to address the needs of those who are unable to fully care for themselves or manage their own affairs while providing flexibility and allowing them to maintain as much independence as possible. This means that if a guardian is appointed, they will only be granted the powers necessary to provide for a person’s needs or manage their financial affairs, and the court should ensure that this constitutes the “least restrictive form of intervention” in the person’s life.
A guardianship case can be initiated by the person who needs care or assistance or by other interested parties, including someone who resides with a person, the CEO of a nursing home or long-term care facility where the person resides, or any person or agency that is concerned about a person’s health and welfare. A guardian will be appointed if the court determines that guardianship is necessary and the person needing assistance agrees to the appointment.
If an allegedly incapacitated person (AIP) does not agree to a guardianship, clear and convincing evidence of the person’s incapacitation must be presented to the court before a guardian can be appointed. This evidence must show that an AIP is likely to suffer harm because they are unable to provide for their own personal needs, such as food, shelter, clothing, healthcare, and safety or that they cannot manage their own property and financial affairs. It must also be demonstrated that an AIP does not fully understand how their inability to care for themselves will affect their health and safety.
When deciding whether to appoint a guardian and the level of authority the guardian will have over an AIP, the court will consider how well an AIP can manage the activities of daily living, including cooking, eating, grooming and dressing themselves, housekeeping, managing their finances, and driving or using public transportation. The court will also look at the extent of the AIP’s property and finances and their ability to manage their own financial affairs. An assessment will be performed of the AIP’s physical health, mental disabilities, chemical dependencies, and the medications they take and any effects these medications may have on the person’s behavior, cognitive abilities, or judgment.
Contact a Hudson Valley Guardianship Attorney
If you wish to establish guardianship for your loved one, or if you would like to name a person as your guardian to assist in managing your daily needs or finances, Attorney Robert Lewis can provide the legal help you need. He will work with you to complete the process of establishing legal guardianship, and he will make sure the rights and interests of all parties are protected. To schedule a free consultation and learn more about how we can help with your elder law concerns, contact us at 845-358-7100. Se Habla Español.
