If a loved one cannot make decisions for themselves due to illness, disability, or age-related cognitive decline, appointing a guardian to oversee their well-being may be necessary. The White Plains guardianship attorneys at Amoruso & Amoruso LLP can guide you through this important decision. Our compassionate legal team has nearly 60 years of combined experience in elder law and estate planning. We can advise on the appropriate guardianship arrangement for your situation, file the petition, and make sure the guardian understands their roles and responsibilities. Contact us today for an initial consultation.
What Is Guardianship?
Guardianship is a legal arrangement to protect individuals who cannot make their own critical financial, medical, or personal life choices. The court appoints a designated representative (a guardian) to act on behalf of a vulnerable person (a ward).
In New York State, guardianship proceedings must follow defined statutes depending on the type of guardianship being sought. A judge determines whether guardianship is necessary and what powers to grant to the guardian.
Types of Guardianship Cases We Handle
At Amoruso & Amoruso LLP, we focus on uncontested guardianship cases in White Plains. These include:
- Article 17-A guardianship – An Article 17-A guardianship protects people with intellectual or developmental disabilities. Typically, the ward will be a minor transitioning to adulthood or an adult who has been disabled since childhood. As the most restrictive arrangement, guardians may have broad decision-making power over the ward’s personal needs and finances.
- Article 81 guardianship – An Article 81 guardianship is intended to protect an adult who loses decision-making capacity later in life, often due to dementia, Alzheimer’s disease, or a brain injury. To preserve the ward’s independence, the court can limit the guardian’s responsibilities to the areas where help is needed.
In uncontested guardianship cases, everyone in the family agrees on the need for a guardian and who that guardian should be. However, the court ultimately has discretion to finalize the guardianship and its terms.
Legal Rights and Responsibilities of Guardians
New York law requires guardians to act in their ward’s best interests. They are responsible for finding a fair balance between fulfilling needs and protecting autonomy.
As a guardian, you may make decisions on the ward’s living arrangements, healthcare needs, and personal care. The court may also permit you to handle some or all of the ward’s finances.
Throughout the arrangement, guardians are responsible for each of the following:
- Honoring the ward’s known wishes or values, if feasible
- Avoiding any conflicts between their personal interests and the ward’s best interests
- Recordkeeping of all transactions
- Annual reporting to the courts on the ward’s condition and, if applicable, their finances
What Can a White Plains Guardianship Attorney Do for Me?
Since 2002, Michael J. Amoruso and Sreelekha Chakrabarty Amoruso have helped White Plains families navigate the guardianship process with dignity and compassion. Whether you’re concerned about your loved one’s ability to make personal decisions due to aging or need help arranging a guardianship as your child transitions to adulthood, our team can discuss suitable alternatives and assist throughout the legal process.
Our law firm has one mission: Empowering You to Care for the Ones You Love™. Contact Amoruso & Amoruso LLP today to learn how a White Plains guardianship lawyer can help.
