New York Guardianships & Nursing Home Attorneys
Guardianships may be needed if there is evidence that a resident of your facility is incapacitated and advanced directives are either missing, defective, or otherwise insufficient.
A guardian is a person entrusted by law to handle the personal and/or financial affairs of an alleged incapacitated person (AIP).
Why Is A Guardianship Necessary?
Guardianships may benefit nursing home administrators when the existing agent of a resident is:
- Stealing money from the AIP
- Causing the AIP to be ineligible for Medicaid
- Failing to cooperate or perform necessary duties for the AIP
Disputes regarding advanced directives may be the cause for guardianship, including when banks or medical providers refuse to honor advanced directives.
In addition to family members, nursing homes and hospitals can initiate guardianship proceedings.
How The Guardianship Process Works?
In New York, the guardianship process involves filing a petition and an Order to Show Cause (OSC). An OSC should request relief to revoke/nullify any applicable advanced directives.
It is critical to get the timing right on petitioning for guardianship. If you wait too long, you may not be able to obtain Medicaid coverage.
At Korsinsky & Klein LLP, our attorneys have extensive experience in working with the sensitive nature of guardianship cases. We can provide skilled legal guidance regarding guardianship fees, resources, income deemed unavailable, and rules regarding zero net available monthly income (NAMI).
Michael Korsinsky, a founding partner at Korsinsky & Klein, LLP, has worked on guardianship cases over a decade. He manages the firm’s Guardianship, Trusts & Estate’s Litigation & Real Estate groups, handling matters before various courts, as well as administrative tribunals at government agencies.
Samuel Diamantstein has been with Korsinsky & Klein, LLP since 2012 and has handled guardianship cases throughout New York State.
We Are Here For Your Guardianships Questions
Questions regarding guardianship? Contact us at 212.495.8133 or email [email protected] or [email protected]. We serve clients out of our Manhattan and Brooklyn area offices.