Who may commence a Guardianship Proceeding?  

older man smiling

If you are concerned that a loved one or family member can no longer take care of their finances or are unable to make safe medical decisions for themselves, a guardianship proceeding may need to be commenced.   Who has the authority to commence a Guardianship proceeding? M.H.L. §81.06 lists specifically who may commence a guardianship […]

What does the New York Jets all time sack leader have to do with Elder Law?

Mark Gastineau on stage

Recently Mark Gastineau, the New York Jets all time sack leader, told the public that he was diagnosed with dementia, Alzheimer’s disease, and Parkinson’s disease. Alzheimer’s disease is an awful disease that affects the brain and destroys memories and other important mental functions.  He may not be able to recall family members or how to […]

Why Every Young Family Should Have an Estate Plan!

happy family with young children

When people think of estate planning, they usually think of the elderly or people in white clothes playing tennis on their massive estates in the Hamptons. Both the elderly and the super wealthy need estate plans, but so does everyone, especially parents with young children.  Estate planning consists of planning for two events, death (morbid, […]

The Power of the Power of Attorney

A power of attorney is a very interesting and possibly powerful document. The document gives a person you choose, your agent, the power to act for you.  The powers given to the agent can be incredibly broad or very specific. For instance, you can narrowly tailor an agent’s power to act only for real estate […]

“Running Roughshod?” – A Case to Ponder

An important case has recently been decided and should be thoroughly reviewed by those who practice Article 81 Guardianship.   In a bitterly split panel of the Appellate Division,  First Department, the majority affirmed sanctions imposed on an attorney in an Article 81 guardianship hearing.  The majority, however, reduced the amount of sanctions imposed.  Justice Andrias […]

I Have Been Appointed as Guardian in New York, Now What?

You have now been appointed as Guardian of the Person and/or Property in New York. You have participated in the hearing and have been told by the judge that you will be acting as Guardian for the incapacitated person. Listed below are steps which must be taken to qualify as a Guardian after the hearing. Review CAREFULLY the […]

What is an adult guardianship and when is it needed?

Eleanor Roosevelt once said, “Today is the oldest you’ve ever been, and the youngest you’ll ever be again.” Unfortunately, no one has found the cure for aging and as we get older our bodies and mind can begin to deteriorate. A guardianship is a legal proceeding commenced by a loved one, nursing home, or friend because they believe […]

What happens when there is a Guardianship proceeding for my Elderly Parent?

The Guardianship proceeding can be difficult to understand. There are many different participants in the Guardianship proceeding. The first participant is called the petitioner. This is the person that starts the guardianship proceeding. Many times this is a concerned family member who wants to take care of an Elderly parent’s health care decisions and financial […]