One of the harshest realities of life is the fact that not every adult is able to care for him- or herself. At some point in all of our lives, it is likely that we will need to rely on someone else for our health and well-being. In some cases, we may be so incapacitated, that we cannot even make decisions for ourselves with regard to our finances and health care.
If you have a friend or relative who is relying on you for this kind of support, then you are doing a great service to this person by providing it. However, it may be difficult to navigate the legal aspects of establishing decision-making authority of the affairs of this person. For example, if the person who requires your care did not set up a power of attorney or health care directive prior becoming incapacitated, then you will need to set up a conservatorship or guardianship in court.
A conservatorship involves decision-making power over someone’s financial affairs. A guardianship involves decision-making power over someone’s medical care and other aspects of life. Although establishing guardianship and/or conservatorship might appear straightforward, each case is different and New York residents can benefit from being guided through the process by an experienced attorney. Especially if another relative or friend challenges an individual’s request for guardianship, the issues involved can become complicated to navigate.
At Weinstein & Randisi, we offer free, no-obligation consultations to New York residents who have questions about the process of establishing guardianship or conservatorship. We will listen to your story and advise you of the legal rights and options available to you, and advise you of the best next steps you and your family should take in your legal matter.