New York Elder Guardianship Lawyer

New York Elder Guardianship Lawyer - A guardian is the individual who steps into the shoes of the person declared incapacitated by the Probate Court and makes decisions on his or her behalf. 

Who needs a guardian?

Many older adults or adults with disabilities do just fine managing their own affairs. Sometimes, however, a person’s condition changes enough so that they need a guardian.  In many cases, the cause may be traced back to the same root problem:  the absence of mental capacity.

Why have a guardian?

  • A person with memory problems may forget to pay the bills and have utilities cut off.

  • A person who is extremely paranoid may withdraw from friends and relatives and lose touch with reality.

  • A confused mental state may result in neglecting medical needs or nutrition.

How does someone obtain a guardian?

The Probate Court takes referrals for people who may need a guardian.  The Court investigates each person’s situation, determines whether he or she needs a guardian, and who will serve in that capacity.

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Some common New York Elder Law issues include the following:

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