Establishing a legal guardianship in New York can be an emotional and complex undertaking. The Rye Brook guardianship attorneys at Amoruso & Amoruso LLP can guide you in making the best decisions for you and your family. With nearly 60 years of combined experience, our lawyers will stand by your side throughout the guardianship process. Contact us today to learn how we can help.
What Is a Guardianship in New York?
A guardianship grants a person or organization the legal authority to make decisions for an incapacitated person, known as a ward. To become a guardian, a person must petition the court. Only a judge has the authority to approve a guardianship in New York.
Guardianships can be established for adults or children if it can be substantiated that the ward cannot make decisions for themselves due to an incapacitating illness or disability. However, New York law requires the least restrictive means of intervention. Other legal options, such as powers of attorney, health care proxies, and supported decision-making, could suffice as alternatives to guardianship in Rye Brook.
What Our Rye Brook Guardianship Lawyers Can Do for You
Amoruso & Amoruso LLP focuses on estate planning, elder law, and long-term care planning issues. We are dedicated to Empowering You to Care for the Ones You Love™ by offering comprehensive legal services as your life and family develop and change. Our legal team can:
- Review your case and inform you about petitioning for guardianship
- Help you make a plan that is right for you and your loved one
- Advise you about obtaining medical reports, financial information, and other documents essential to your case
- Draft and file the guardianship petition
- Represent you during court hearings and official proceedings
- Assist the guardian with carrying out their duties
What Is the Guardianship Process in Rye Brook, NY?
The guardianship process in Rye Brook, NY, begins with filing a petition with the court and paying the related fees. Petitioners must then demonstrate to a judge that guardianship is necessary.
If a judge determines that your loved one is incapacitated and needs a guardian, they will appoint one and require that the appointee attend training before granting final approval. The guardian is usually a family member of the individual who needs help and protection, but guardians can also be qualified agencies.
Can I File a Guardianship Petition Without a Lawyer?
Yes. Hiring an attorney to handle a guardianship petition is not a legal requirement. However, securing a guardianship requires substantial proof that there is a valid need. Amoruso & Amoruso LLP can guide you through guardianship proceedings and help you avoid mistakes that could cause delays or an unfavorable outcome. We aim to help you create and execute a successful plan to care for your loved one.
Contact a Guardianship Attorney in Rye Brook, NY, Today
Amoruso & Amoruso LLP is a nationally recognized leader in estate planning and elder law. Michael J. Amoruso is a past president of the National Academy of Elder Law Attorneys and past chair of the New York State Bar Elder Law Section. Sreelekha Chakrabarty Amoruso is also an active member of these organizations. Both attorneys have achieved numerous accolades, including being named New York Metro Super Lawyers for Elder Law.
If you need assistance with guardianship matters in New York, contact us today for a consultation with a Rye Brook guardianship lawyer.
