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What To Know About Creating And Maintaining A Guardianship

When a loved one becomes incapacitated – whether due to aging, an accident, illness or disability – loved ones are left with the difficult decision of how to best take care of that person. The answer might be a Guardianship. This proceeding grants you the legal authority you need to manage your incapacitated loved one’s affairs. A guardian can have power over a number of decisions for a loved one regarding health care, personal affairs and financial matters.

The dedicated and highly experienced attorneys of Korsinsky & Klein LLP, strive to make the process of petitioning, establishing and managing Guardianship as easy as possible. We provide compassionate representation for people seeking Guardianships. We understand that the process can seem daunting during an already emotionally difficult time, and we are here to ease your worries.

What Courts Look At In Deciding Guardianship Cases

The law sets out a detailed framework for Guardianship proceedings. During those proceedings, courts may consider many factors before awarding the appointment of Guardianship, including:

  • Adequacy of food, clothing and shelter
  • Emotional, physical and mental health
  • Income adequacy and spending patterns
  • Living arrangements, including access to helpful resources
  • Managing spending income based on needs
  • Routine medical treatment
  • Satisfaction or consent with circumstances
  • Vulnerability to financial exploitation/abuse

At Korsinsky & Klein LLP, we are dedicated to protecting the rights of elders. For decades, people have trusted us to protect the best interests of their loved ones without missing a step in the legal process.

Understanding The Legal Standards

New York law requires a high burden of proof for establishing a Guardianship. The law also requires the courts to set up a system to consistently manage the guardian’s performance in caring for the ward (that is, the incapacitated person). If the courts determine that a guardian has failed to faithfully manage, protect or preserve the daily living of the ward, the court may revoke the Guardianship.

To protect your loved one’s rights, it is wise to speak with our knowledgeable and compassionate Guardianship lawyers.

Our attorneys understand the intricate legal standards governing Guardianships. We can help you pursue and maintain a Guardianship in compliance with all the necessary legal requirements.

Protect Your Incapacitated Loved One Through A Guardianship – We Can Help

Your loved one deserves to enjoy life’s greatest blessings during their golden years. We know the laws and regulations surrounding Guardianship in New York, including Manhattan and Brooklyn. We also practice in New Jersey, and we can be trusted to advocate for your loved one’s rights in either state.

Call us at 212-257-0199 today or contact us online to start the process of establishing and managing Guardianship. We will be happy to help you petition for Guardianship so that your loved one’s health, finances and property will remain protected from abuse or harm.