In a proceeding before Surrogate Rita Mella in Manhattan Surrogate’s Court both a mother and a father had brought an Article 17A guardianship proceeding under the Surrogate Court Procedure Act (“SCPA”). Each of the parents sought to be appointed the guardian of Elijah J., a developmentally disabled individual. A guardian ad litem (temporary … [Read more...]
Guardianship of a Child with Special Needs
In the State of New York children are considered adults when they reach the age of 18. All children are considered legally competent and capable of making decisions for themselves independently at 18 years of age. However, if you have a child with special needs you may be aware your child’s disability may never allow him or her to be a legally … [Read more...]
Guardianship Lawyers
The constitution of the United States provide that all citizens shall be entitled to health, wealth, and happiness, To enjoy health wealth and happiness, individuals must have independence. If an individual loses his or her capacity to make financial and/or medical decisions a guardianship proceeding can be brought to help this individual. However, … [Read more...]
Guardianship Denied
A guardianship case was brought in Kings County before Surrogate Margarita Lopez-Torrez pursuant Section 17A of the Surrogate’s Court Procedure Act. In this proceeding the petitioners asked to be appointed guardians of Elit. Surrogate Margarita Lopez-Torez found this would result in the complete removal of Elit’s legal rights to make any … [Read more...]
Elder Abuse
Elder abuse can be defined as actions occurring within a relationship of trust which harms or injures a senior. The abuse can be of a physical nature. It could also be sexual, emotional or financial. Simply abandoning a senior in a time of his or her needs can be also considered elder abuse. THE ELDER ABUSERS There are numerous persons who … [Read more...]
DETAILS OF NEW GUARDIANSHIP LAW
On July 21, 2016 the New York State Legislature enacted a new guardianship law entitled “Peter Falk’s Law.” This new statute requires the court in issuing a guardianship order to consider the persons entitled to visitation with the incapacitated individual. It also takes into consideration those individuals who should be entitled to receive notice … [Read more...]
Court Declares Marriage by Incapacitated Person Void
In a recent case in Nassau county before Judge Gary Knoble the Commissioner of the Nassau County Department of Social Services brought a guardianship case pursuant to Article 81 of the Mental Hygiene Law. The issue presented to the court was to determine whether to set aside advanced directives executed in 2019 by Nancy Kay, an alleged … [Read more...]
ALZHEIMER’S DEMENTIA AND GUARDIANSHIPS: WHEN IS A GUARDIANSHIP NECESSARY?
If a family member comes down with Alzheimer's disease or dementia, should you bring a guardianship proceeding on their behalf? In many situations, individuals who develop Alzheimer's disease or dementia have sufficient mental capabilities to take care of themselves. Alzheimer's disease and dementia in the early stages may only result in … [Read more...]
VIDEO: Guardianships
On today's video blog Elliot discusses the topic of Guardianships. … [Read more...]
