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Establishing & Managing Guardianships in New York

Get Help from a Trusted New York Elder Law Lawyer

Many seniors require some form of long-term care. Whether your loved one needs minimal care or more extensive care through the assistance of a guardian, our New York elder law attorneys can help. Most people are unprepared for the emotional and financial burden that long-term care places on a family. The dedicated and highly experienced attorneys of Korsinsky & Klein, LLP strive to make the process of petitioning, establishing and managing guardianship as easy as possible.

Korsinsky & Klein, LLP Will Represent You in a Proceeding

Article 81 of the New York State Mental Hygiene Law requires a high burden of proof for establishing a guardianship. The law also requires the courts to set up a system to consistently manage the guardian's performance in caring for the ward. If the courts determine that a guardian has failed to faithfully manage, protect or preserve the daily living of the ward, the court may reserve the right to revoke guardianship. To protect your loved one's rights, it is wise to speak with our knowledgeable and compassionate New York City guardianship lawyers. Our lawyers also provide counsel to individuals in New Jersey and Connecticut.

What is required in a guardianship hearing?

A guardianship proceeding is commenced by filing an order to show cause and must be filed per the standards of Article 81 of the Mental Hygiene Law. A guardian can have power over a number of decisions for a loved one regarding healthcare, personal affairs and financial matters. The courts may consider many factors before awarding the appointment of guardianship, including:

  • Routine medical treatment
  • Emotional and mental health
  • Adequacy of food, clothing and shelter
  • Income adequacy and spending patterns
  • Managing spending income based on needs
  • Satisfaction or consent with circumstances
  • Living arrangements, including access to helpful resources

At Korsinsky & Klein, LLP, we are dedicated to protecting the rights of elders throughout New York. We know what is needed to establish and manage a guardianship so that your loved one is protected. We will prepare the necessary reports, file a petition, seek an expansion of your guardian's powers if necessary, and represent your loved one in court to ensure that his or her best interests are protected.

Protect Your Family from Suffering Unnecessary Harm

The cost of long-term care has made planning for the future a critically important part of addressing elder law matters. Unfortunately, there are many seniors who need the assistance of a guardian, but are denied the care that they need due to improper legal representation. Do not risk your loved one's health; seek strong legal representation from the outset.

Your loved one deserves to enjoy life's greatest blessings during his or her golden years. We know the laws and regulations surrounding guardianship in New York, and we can be trusted to advocate for your loved one's rights. Contact Korsinsky & Klein, LLP today to start the process of establishing and managing guardianship. We would be happy to help you petition for guardianship so that your loved one's health, finances and property can remain protected from abuse or harm.