Guardianships 2016-11-16T20:33:18+00:00

Experienced Guardianship Attorney

The role of the guardian

Friends and family members must confront difficult questions and emotions when loved ones are no longer able to manage financial affairs or properly care for themselves. In such cases, a formal guardianship proceeding may be required. Guardianship is considered a critical protection for at-risk persons and often is sought to protect the elderly. 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. Your attorney should be skilled in setting up guardianships. Armstrong & Lamberti, PLLC can guide you through the complex process of obtaining guardianship and complying with the orders of the court and give you the peace of mind of knowing that your loved one is protected.

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 facts showing that the person is incapacitated and is 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, the judge examines the petition and holds a hearing that the incapacitated person may be required to attend. The alleged 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. After the hearing, the judge decides if a guardianship is needed.

Contact us for help with guardianship in Staten Island

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