Guardianship, in the State of New York, refers to proceedings to help individuals who are either in declining health, are unable to take care of their personal needs and/or financial needs, or who have been taken advantage of by third parties, fraudsters, friends, neighbors, or other loved ones. The purpose of a guardianship proceeding is to help a senior, a debilitated person or a special person deal with their personal and financial needs and see to it they are not taken advantage of. In cases where there have been inappropriate transfers, violations of powers of attorney, or where the individuals were simply taken advantage of financially, a guardianship proceeding can be utilized to protect the rights of these individuals. Assets taken through fraud, duress, or undue influence can be returned to their rightful owner through legal action.
Expedited Guardianship Proceedings
Sometimes friends, family members and other loved ones find the senior or special person has an emergency situation which requires immediate action. In these cases, expedited proceedings can be brought for the appointment of a guardian either of the person or of the property of this individual.
Two Types of Guardianships
Guardianships for senior citizens are brought under Article 81 of the New York Mental Hygiene Law. These guardianships are brought in the Supreme Courts of the county where the individual resides.
Guardians for special individuals can also be brought under Article 17(a) of the New York Surrogate’s Court Procedure Act. These types of guardianships are brought in the Surrogate’s Court of the county where the individual resides.
Helping another who can’t help themselves is an altruistic course of action. Helping a sick individual, infirm individual, or mentally challenged individual protect their assets and their health and well-being requires the skill and attention of dedicated attorneys with experience in these matters. The guardianship lawyers at the Law Offices of Schlissel DeCorpo have more than 100 years of combined experience helping clients with these types of cases. For more than 45 years, our attorneys have helped seniors, special individuals and their families with regard to guardianship proceedings.
Elliot S. Schlissel is a member of the National Academy of Elder Law Attorneys. Elliot and his associate attorneys maintain a sophisticated practice bringing numerous guardianship proceedings each year. He can be reached for a free consultation at 1-800-344-6431, 516-561-6645 or 718-350-2802.