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We know that it is never easy to have to deal with the anticipation of your loved one's disability, but taking proactive steps early on can prevent a world of heartache. If your loved one has suffered reduced capabilities due to illness, disease, age or disability, you may need to consider guardianship. Guardianship is the legal process that grants a person the power to make personal, financial and/or health decisions for another person.
We are here to assist you through the process of guardianship to make certain that your loved one is protected from abuse or exploitation. Your choice of a guardian should be a dependable person who will act on behalf of your loved one in confidence and uphold his or her fiduciary duty. In order to help you avoid bitter conflict or disputes, we offer you and your family careful, compassionate and patient legal counsel. Our New York attorneys will go over the rights and responsibilities of your chosen guardian. In addition to New York, our legal team at Korsinsky & Klein, LLP also serves clients in the states of Connecticut and New Jersey.
A guardianship petition is filed when an incapacitated person requires assistance in meeting their personal, financial or property management needs. A guardianship proceeding can be commenced by filing an order to show the need for guardianship. Guardians have power over a number of decisions for a loved one. The courts oftentimes rely on private and public entities to serve as guardians. The different types of guardians include:
The process of establishing guardianship begins when a family member or other interested party petitions the court for the need of guardianship of an alleged incapacitated adult. The court determines if the need of a guardian is warranted. If the court finds that an individual is incapacitated, or if the incapacitated adult consents to guardianship, then the court will appoint a guardian by listing the guardian's duration, rights, powers and duties.
The guardian's powers and duties will be specifically tailored to fit the level of incapacity of the ward and will be listed in the guardianship order issued by the courts. If you need to establish guardianship for your loved one, we can help you through the process. As experienced New York guardianship lawyers, we have handled a wide range of elder law matters involving guardianship proceedings. We handle guardianship matters in New York, New Jersey and Connecticut.
Contact Korsinsky & Klein, LLP today! We will provide you with compassionate legal guidance so that this time of transition can be smooth for your loved one and your family.