Weinstein & Randisi
Phone:585-310-1578
Toll free:800-768-1780

Resize the Content Text

When is guardianship possible in New York?

When New Yorkers are confronted with the reality that an elderly loved one is no longer fully capable of handling their own affairs, it might be necessary to consider a guardianship. While it might sound intimidating to think about guardianship elder law, the law is relatively straightforward. There are certain criteria that must be met, but, if it is in the best interests of senior citizens or anyone else who is unable to adequately care for themselves, it is wise to understand how it can be done.

It is possible for the court to appoint a guardian if it determines that the guardian is needed to care for the person with one or more of the following: clothing, shelter, health care, food, safety, managing property and financial affairs. The person must agree to the appointment unless they are deemed incapacitated. The court will have a court evaluator provide a report regarding these matters and the person's competency. The guardian will have powers that are needed to provide for the person's personal needs and management of property.

Incapacity will be determined if there is clear and convincing evidence that the person will likely be harmed due to: not being able to provide for their personal needs; and not being able to fully understand and assess the consequences and extent of their inability to do so. The court will consider the functional level and limitations of the person. Included will be: management of daily living; understanding and appreciating consequences of inability to manage daily living; the preferences and wishes regarding managing daily living; and the property and financial affairs and the person's ability to manage them.

The decision to seek a guardianship of a loved one might not be easy, but it is an important aspect of protecting loved ones regarding personal upkeep, medical care, finances and more. Having legal assistance from an attorney who is experienced in elder law can help to take the necessary steps and adhere to the law to get a guardianship and protect senior citizens and incapacitated people.

Source: FindLaw, "New York Consolidated Laws, Mental Hygiene Law - MHY § 81.02 Power to appoint a guardian of the person and/or property; standard for appointment," accessed on Jan. 2, 2018

No Comments

Leave a comment
Comment Information
  • I wanted to write to say how pleased my wife and I were at your professional handling of our estate planning and preparation of new wills. We were put at ease by your visit to our home for an interview and were pleased that you listened to us and captured the things that we felt were important.

    --Robert and Christine Simonson, Fairport
  • In order to finalize the documents we came to your office and were greeted in a very professional manner and we could not have asked for finer service. We left with copies of everything we needed and feel very confident our needs have been met. Thanks again. We will surely recommend you should the opportunity arise.

    — Christine and Robert Simonson, Fairport
  • I have been working with Weinstein & Randisi for about two years now. Elizabeth Randisi, through a very thorough process, has helped my wife and me determine what is really important in our lives. Thus, we were able to draft a living will that reflected our most important values regarding our estate.

    --David and Ajia Cherry, Fairport
  • I would like to give a testimony for Elizabeth Randisi, an estate attorney with Weinstein & Randisi. Her knowledge of wills and estate planning was clearly demonstrated in her presentation to us. Realizing our need for a will, my husband and I went to see Elizabeth.

    --Kathy and Gary Gray, Webster
  • Filing for Medicaid is never an easy or fun process. However, working with the Weinstein & Randisi firm made the process simple and streamlined. We were able to obtain all files and records regarding Medicaid enrollment within a few days using specially prepared checklists and verbiage recommended by our assigned paralegal.

    --Ajia and David Cherry, Fairport
Awarded Top 50 Estate Planning Blog
Email Us For a Response

How Can We Help You?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Blog Feed

Blog

Weinstein & Randisi - estate planning

290 Linden Oaks, Ste. 200
Rochester, NY 14625

Toll Free: 800-768-1780
Phone: 585-310-1578
Rochester Law Office Map

Map

Call us now for a free, 100% confidential consultation: