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Long-term care planning: Guardianships

While many people have estate plans, trusts and wills set up, they may not have anticipated that they would need someone to take care of making decisions for them while they are still alive. When people are incapacitated, however, and unable to make decisions for themselves, it may be possible for their family members to be able get the New York courts to grant a conservatorship or guardianship, giving them control over decisions.

Guardianships and conservatorships are very similar. The main difference is that a guardianship is a legal way for a person to take over a family member's legal decision-making power when it comes to personal decisions, while a conservatorship grants another party legal decision-making power over the incapacitated person's finances.

These types of arrangements can be a possibility in a variety of different situations, including cases where a person is suffering from mental health issues or otherwise shows an inability to make decisions that are in the person's best interests. Guardianships and conservatorships can be granted in cases involving both adults and minor children.

Getting the courts to grant a conservatorship or guardianship can be very difficult, especially when individuals have been able to control their affairs previously. In many cases, the incapacitated individual may not be agreeable to the process, which can make things more complicated.

Obtaining a guardianship or conservatorship involves many different steps, and each of those steps has its own challenges that must be overcome. At Weinstein & Randisi, we can explain the process from beginning to end and guide family members every step of the way.

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