Guardianship proceedings in the Surrogate’s Courts in New York State are regulated by Article 17A of the New York Surrogate’s Court Procedure Act. Pursuant to guardianships brought under Article 17A, parents who have a child who is either developmentally or intellectually disabled can maintain decision making authority for the child after the child … [Read more...]
Guardianship Proceedings in New York
There are several reasons to bring a guardianship proceeding in New York State. A situation may have arisen where a family friend or loved one is no longer capable of either taking care of themselves or handling their finances. In other situations an individual who is becoming incapacitated becomes the victim of a fraudulent transfer of assets, … [Read more...]
Guardianship Proceedings
Everyone who lives will eventually grow old. Sometimes elderly individuals lose their mental and physical strength related to their aging. In these situations, they can be subject to undue influence concerning the money they have in the bank, other financial assets and real estate they own. The undue pressure can come from a variety of sources. … [Read more...]
Guardianship Proceedings
To watch today's video blog, please click on the link below: https://youtu.be/8iE4A-E457A Elliot S. Schlissel is a member of the National Academy of Elder Law Attorneys. He and his associates have been handling guardianship proceedings for more than 45 years. Elliot can be reached for consultation by calling 516-561-6645 or 718-350-2802, or … [Read more...]
Guardianship Petition Denied
Justice H. Patrick Leis, III sitting in the Supreme Court Part in Suffolk County recently denied an application for a son to be appointed the guardian of his mother. The son alleged that there was a power of attorney naming the daughter as the attorney in fact. Large sums of the mothers money were being spent. He claimed his sisters were taking … [Read more...]
Guardianship Litigation
Please click on the link below to watch today's video blog: https://youtu.be/GqsiyKMPw-4 Elliot S. Schlissel is a member of the National Academy of Elder Law Attorneys. He has been representing clients in all aspects of guardianship proceedings for nearly 45 years. He and his associates are available for consultation by calling 516-561-6645 … [Read more...]
Guardianship Hearing in a Bedroom
Bronx Supreme Court Justice Sharon Aarons started a hearing on a guardianship situation in her courtroom. The hearing was cut short and Judge Aarons and all of the other interested parties proceeded to travel to the home of Valerie L. to conduct an in home evaluation to determine whether her attorney was “chosen freely and independently by the … [Read more...]
Guardian Appointed For Alleged Incapacitated Person’s Financial Exploitation of a 94 Year Old Woman
A guardianship proceeding was brought before Justice Alexander Hunter Jr., who sits in the Supreme Court of Bronx County. After a hearing, a guardian was appointed for a 94 year old woman, FG. FG had lived in the Hebrew Home for the Aged. A social worker testified at the time of the hearing FG had undergone a variety of tests and evaluations by a … [Read more...]
Guardian Allowed to Transfer New York Guardianship to Florida
Surrogate Edward McCarty, III, sitting in Nassau County Surrogate’s Court, was recently presented with a case where a guardian sought to transfer a guardianship from New York to Florida. Francis P. was the guardian of both the person and property of his sister Louise D. In addition, he was the trustee under a supplemental needs trust for his … [Read more...]
Godmother Appointed Guardian of 40 Year Old With Down’s Syndrome
A guardianship action was brought before Surrogate Rita Melia in the Surrogate’s Court of New York County. This guardianship was brought pursuant to Surrogate’s Court Procedure Act Article 17(a). The purpose of the proceeding was to determine who should be appointed the guardian of R.H., a 40 year old who suffered from Down’s Syndrome. Both of … [Read more...]