If so, you’ve come to the right place.
Making sure your loved one has a dedicated guardian is one of the most important tasks on your plate right now. The key word there is one. Today, many of us are responsible for the well-being of multiple people, including ourselves, and are struggling to find the time to do it all. Unfortunately, managing guardianship for an elderly or disabled loved one can be particularly time-consuming and complex. Let the experienced Long Island guardianship attorneys at Fratello Law help you secure guardianship for your loved one and guide you through the responsibilities of serving as a guardian.
An Article 81 guardianship proceeding is typically used to petition the court to appoint a legal guardian, including the elderly and disabled, with cognitive or functional limitations that are likely to cause them financial or personal harm. The goal of Article 81 guardianship is to secure a guardian who will be given the legal power to act on behalf of a person with cognitive limitations to manage their property and personal needs. The attorneys at Fratello Law will use their broad experience to help you apply for and maintain an Article 81 guardianship for your loved one.
In New York, the parents of your disabled loved one are deemed their Parent and Natural Guardian until they turn 18. Once your loved one turns 18, New York State law deems them a competent adult capable of managing their everyday lives on their own. However, this is not always appropriate. Article 17A Guardianship allows you to remain the guardian of your diasbled loved one and care for their physical and financial needs beyond the age of 18. At Fratello, our experienced attorneys will guide you through the process of applying for and maintaining Article 17A Guardianship.
If the court finds it necessary, a guardian is appointed to manage the assets and property of your disabled loved one. If you are appointed by the court as your loved one’s guardian, you are responsible for overseeing and using your loved one’s funds to support their wellbeing. In addition to using the funds, as a guardian you are also responsible for guardianship accounting, which requires you to keep a detailed record of all your loved one’s income and expenses. Our expert attorneys can take the burden of guardianship accounting off of your plate, so you can spend more quality time with your loved one.
Sometimes an appointed guardian can no longer serve as a guardian. A guardian can voluntarily resign because they no longer want to be the guardian and a new guardian can be appointed by the court. If a guardian is no longer capable or suited to be the guardian, you can petition the court for the removal of the unsuitable guardian. Our attorneys have extensive experience helping people like you and their loved ones exercise all three of these options to serve the best interests of their loved ones.