A fact is that few contemplate their demise. Far fewer the demise of their aging parent along with all the consequences of making financial decisions on behalf of another.
Even more distributing is the fact of terminal illness and decline in mental faculties among aging parents leading to the need for the adult children and/or relatives to take control of their parents or cousins finances as if they were their very own.
Knowing about the process in place for helping an incapacitated loved one not lose their ability to manage their finances or give away their assets out of fraud or trickery by a caregiver, puts you in a better decision when the time inevitably comes to take care of an aging parent.
Through New York’s guardianship and conservatorship laws, courts and family members cooperate to ensure the best possible planning for the golden years of an aging parent, to prevent elder abuse and peace and harmony in the management of the parent’s estate.
Take a moment to read about the way New York conservators and guardians can be effective tools in planning the finances and business affairs of a loved one diagnosed with a terminal illness or incapacity.
I. What Forms The Bulk of Conservatorship and Guardianship Cases That Manhattan, Brooklyn, Queens, New York Conservatorship and Guardianship Lawyers Handle?
According to Seniorlaw.com, New York authorizes a guardian to be appointed to make important financial decisions for a person deemed to be incapacitated, usually an aging parent who is otherwise helpless to provide for themselves. Article 81 New York Mental Hygiene Law.
According to NY Court’s blog, this law requires a process to be put in place for determining whether a guardian should be appointed:
- Whether the person is unable to care for their own property and/or personal needs, and
- Whether he or she is likely to suffer harm because they cannot understand the consequences of not being able to care for their property and/or personal needs
Defining these terms requires an expert New York guardianship and conservatorship lawyer who knows the bounds of every important term in the law. Some examples of “personal needs” include:
- making healthcare decisions
- deciding where the person should live
- applying for government or private benefits, on behalf of the person
- accessing confidential records
Examples of property management include, but are not limited to:
- paying bills
- organizing the person’s assets
- entering into contracts
- making gifts on behalf of the person
According to NY Courts’ blog, there are categories of other guardianships that are separate from those affecting aging incapacitated adults:
- Guardianships involving Surrogate’s Court (for 17-year-olds or younger or intellectually or developmentally disabled adults with special needs)
- Those involving Family Court (for 20 year-olds or younger)
- Last, any age (where are filed in the Supreme Court or County Court) Article 81 New York Mental Hygiene Law.
Article 81 deals with conservatorships. Some duties of a guardian include exercising:
- Powers as defined by the court order;
- Utmost care and diligence when acting on behalf of the incapacitated person;
- Visitation powers of visiting the incapacitated person not less than four times a year or more frequently as specified in the court order;
- Property management authority that affords the incapacitated person the greatest amount of independence and self-determination with respect to property management in light of that person’s functional level, understanding and appreciation of his or her functional limitations, and personal wishes, preferences and desires with regard to managing the activities of daily living
§ 81.20 New York Mental Hygiene Law
Often secretive and grasped by those with experience with the guardianship process in New York City, make sure you consult with a well-trained and experienced New York guardianship and conservatorship attorney to avoid unjust takeovers by relatives or the adult children that go against what the New York law governing guardianships was intended to prohibit, including abuse of the incapacitated person, unfair bargaining, influence and wrongful creation of a conservatorship.
II. How to Locate a Brooklyn, Staten Island, New York Guardianship and Conservatorship Lawyer To Petition for or Oppose a Guardianship or Conservatorship To Manage Your Loved One’s Medical Care
According to the New York City-based guardianship and conservatorship law firm Regina Kiperman, RK Law, P.C. blog, there is a host of factors in deciding whether a guardianship is preferrable:
- Help with decision making is needed.
- There are no Advance Directives in place
- There are many decisions makers involved due to multiple signings of powers of attorney.
- Exploitation of an elderly person in management of their finances.
- Lack of independence in daily functioning of the person needing a guardianship, among other factors
Amid confusion, panic and threats that seem to be unexpected targeting other family members leading to familiar discord, it is necessary for an experienced New York guardianship law firm, such as New York-based Treuhaft & Zakarin, LLP, The Mandel Law Firm, LLP and Brooklyn-based Alatsas Law Firm, LLP, to look for patterns of inconsistency and failures to follow the procedures established under Article 81 New York Mental Hygiene Law.
Let a skilled and even-handed Manhattan-based Miller Zeiderman, LLP, Brooklyn, Wall Street-based LaRocca, Hornik, Rosen, Greenberg & Crupi, LLC conservator law attorney knowledgeable about appointments of guardians and conservators aggressively represent your interests in helping protect against fraud and abuse taking advantage of an elderly incapacitated parent’s situation for private gain.
III. Getting Legal Help with A New York State Guardianship Attorney To Prevent Abuse of An Aging Parent and Protect the Financial Interests Of Terminally Ill Parents
According to the blog at New York City-based Jules Martin Haas, Esq., guardianship and conservatorship issues fall under the firm’s practice area in probate law and elder law.
Often well-educated and experienced New York State probate and elder law attorneys bring decades of experience in litigation to determine the best strategy rather than rush to filing and opposing guardianship petitions or rely on instinct as a crutch instead of the brinksmanship used by lawyers on both ends of a conservatorship and guardianship contest.
NYC conservatorship and guardianship firm Cedeno Law Group, PLLC, offers service ranging from divorce and family law needs to estate planning.
Brooklyn-based New York Legacy Lawyers, P.L.L.C.., provides excellent advice and resources for a family seeking to shelter their parents against fraud and abuse, misappropriation, and mismanagement by scheming caregivers.
IV. Legal Advice: Why do I Need a New York City Guardianship and Conservatorship Attorney?
Many New York guardianship and conservatorship attorneys often are trained at the best law schools in New York, or other states and around the country, well worth having as your personal advocate hired to protect your interest and terminally ill parent protect against abuse.
Despite popular belief, New York guardianship lawyers will be familiar with not only your legal issue affecting you, but also the context of your legal plight that could easily mean that you’re getting the skill and experience equivalent to several decades of practical lawyering in field such as estate, wills, and probate law; family law; investment and tax law.
V. Why Should I Hire a Skilled New York Guardianship and Conservatorship Firm?
Many premier New York guardianship and conservatorship lawyers include those listed on the Manhattan-, Brooklyn and Long Island-based The Law Offices of Inna Fershteyn, among others in Manhattan, Brooklyn and New York State, offer probate and guardian and conservatorship services often with an initial free consultation, including disclaimer to prevent attorney-client relationships from unintentionally occurring.
This ensures your aging father or mother or relative is not taken advantage of by a scheming relative, and that family assets pass according to the actual will of the aging parent. The result is bank accounts that don’t find their way in the wrong hands, and financial matters that remain secure.
VI. Forming an Attorney-Client Relationship: Call a Queens Guardianship and Conservatorship Lawyer Today for a Case Evaluation to Protect Your Aging Parent and Secure A Better Financial Footing
With guardianship and conservatorship law firms spanning the several boroughs of New York City, including Manhattan, Brooklyn and Queens, Lawsuit.org—beyond your local bar association, or public law school library, or state bar office—offers premier tool helping you pinpoint the right arbitrator or mediation firm based on your particular legal need without needing to worry about paying for the services.
More likely than not, a New York conservator law office, notably Anguili & Gentile, LLP, will have decades of experience in a wide range of practice areas, who can quickly and efficiently offer targeted advice and representation to allow you to allow your aging parent to have a peaceful final years without worry of being taken advantage of.