Experienced Guardianship Attorney

The Role of the Guardian

A family must confront difficult questions and emotions when a family member no longer able to manage financial affairs, or properly care for themselves. In such cases, a formal guardianship proceeding may be required. Guardianship is a critical protection for at-risk persons. It is often key in protecting the rights of the elderly or the disabled. But serving as the guardian of an incapacitated adult is a complicated role that requires dedication and sensitivity.

An experienced attorney can explore your situation and assist you with finding answers to your guardianship law questions. You need an attorney with experience in establishing guardianships. Armstrong & Lamberti, PLLC can guide you through the complex process of obtaining guardianship and complying with the orders of the court. You deserve the peace of mind of knowing that your loved one is secure.

In the unfortunate circumstance that a person is not able to make decisions regarding his or her personal affairs, a guardian of the person and/or property may take over the responsibility. A guardian can be appointed to manage daily aspects of health care and personal care for the incapacitated person as well as manage the incapacitated person’s real and personal property.

Guardianships may be temporary or permanent. Short-term solutions may be available while a petition for guardianship is pending.

Applying for Guardianship

A party interested in becoming a guardian of an incapacitated person must file a petition with the court. The petition details that the person is incapacitated, and in need of a guardian. It should also show the financial assets of the incapacitated person and what powers are sought. As New York guardianship law contains many specific details that can quickly complicate this process, a lawyer with experience creating guardianship petitions can be an invaluable asset as you prepare and file your request. Armstrong & Lamberti, PLLC can help ensure your petition is filed in accordance with all applicable requirements.

Prior to granting guardianship, a judge examines the petition and holds a hearing. The incapacitated person may be required to attend. The allegedly incapacitated person is presumed to be competent, and must agree to the appointment of the guardian. Otherwise, the petitioner must prove that the person is incapacitated. Afterward, the judge decides if they need guardian.

Contact us for Help with Guardianship in Staten Island

Do not let this legal process overwhelm you. Call Armstrong & Lamberti, PLLC at 718-477-7700 or contact us to schedule your free consultation to discuss all aspects of guardianship for adults and children. If you live in Staten Island, Brooklyn or another boroughs, let us help you protect your loved ones.