Melville, NY, Guardianships Lawyer

Schneider, Garrastegui, & Fedele, PLLC helps interested parties petition for guardianship of incapacitated adults.
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Guardianships in Melville, NY

You want your loved one to be independent for as long as possible. But, at the same time, you understand the importance of stepping in if your family member is incapacitated. Otherwise, he or she could make dangerous choices, putting his or her health and financial security at risk. For example, if your loved one has late-stage Alzheimer’s Disease, he or she will have trouble with basic tasks such as personal hygiene and paying bills, greatly reducing their quality of life.

Our Melville, NY, guardianship lawyer can help you petition the court so you can take care of your loved one. Contact us today to discuss your needs.

Types of Guardianships for Adults

The court strives to allow people to maintain as much independence as possible while getting the help they need. Thus, judges can issue three types of guardianships, depending on the degree of incapacitation. The options are:

  • Guardianship of the person
  • Guardianship of the property
  • Guardianship of the person and property
  • Special limited guardian

Additionally, the judge can appoint an attorney to represent your loved one. The guardian will ensure that the individual’s legal rights are represented during court proceedings.

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Why Choose Schneider, Garrastegui, & Fedele, Pllc?

  • Hyper-focused on Your Needs – While some firms dabble in numerous practice areas, we focus on elder law and real estate. Our limited scope of practice allows us to stay up-to-date and provide hyper-focused, client-centric legal services.
  • Highly Rated – Our firm has accumulated numerous 5-star reviews on Google, Facebook, Yelp, and Avvo.
  • Two Locations to Serve You – Visit our fully staffed Class A office space in Melville, NY, or make an appointment at our satellite office in Hauppauge, NY.
  • Small Firm with Big Firm Assets – As a small firm, you can expect hands-on, customized service with us. At the same time, our assets are comparable to a much larger firm, so we have the resources to help clients of varying and even challenging needs.
  • Bilingual Support – With both English and Spanish-speaking staff and attorneys, you’ll feel at home at our firm.

How To Establish Guardianship In New York

If you think your loved one is incapacitated, your Melville, NY, guardianship lawyer will help you prepare an Order to Show Cause and Petition for guardianship. The Petition for Guardianship will explain why you believe the person needs a guardian and who you would like to serve in the role. If you do not have a guardian in mind, you can also ask the court to appoint one.

After filing the petition, the court will notify the alleged incapacitated individual and other interested parties. Then a Court Evaluator will visit the incapacitated individual, conduct an interview, and submit the findings to the court.

Next, you will attend a hearing for guardianship. It’s wise to bring your Melville, NY, guardianship lawyer with you since you’ll need to present your case. After presenting the evidence, the judge will grant or deny your petition.

Serving As A Guardian

Before you can act as a guardian, you’ll need to testify about certain background information and complete a training program. Additionally, the judge might require that you purchase a bond to protect the incapacitated person. This bond will act as an insurance policy in case you mismanage the funds.

Then you will provide services based on the type of guardianship the court-ordered. For instance, if the court ordered you to serve as the guardian of the person, you’ll make decisions based on the individual’s welfare and health. On the other hand, if you’re a guardian of the property, you’ll handle financial management tasks and file annual reports. However, if you’re both the guardian of the person and the property, you’ll need to do both. Your attorney can go over your duties with you to ensure that you follow the letter of the law.

Avoiding Guardianship

Did you know that a Melville, NY, guardianship lawyer can help you avoid guardianship if you cannot make decisions and care for yourself? Your attorney can draft estate planning documents that name agents to handle your healthcare and financial matters if you become incapacitated. Then your family won’t have to petition the court for an Article 81 guardianship if anything happens. Instead, the agent you named will take over the tasks for you. This is much less stressful than court proceedings. Also, it empowers you by allowing you to choose the guardian instead of leaving the decision to your family members or the court. You never know what tomorrow might bring, so reach out today to begin the process.

Who Can Serve As A Guardian?

Often, immediate family members step in as guardians, but that isn’t always the case. The guardian can also be a corporation or an attorney. When guardianship is needed for the property and the person, a family member might serve as the person’s guardian. Then they might outsource financial management duties to a corporation or attorney. This frees up time to handle their loved one’s daily needs without getting bogged down with financial tasks. Learn more about your options by contacting our Melville, NY, guardianship lawyer today.

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Clients first entrusted us to help them with their estate planning and elder law issues over 30 years ago. Since then, we have expanded our practice to include real estate, but our focus continues to be on assisting clients with some of the biggest issues they will face in their lives.

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