Guardianship

Are You Worried For The Future Of A Friend Or Loved One Who Can No Longer Make Life Decisions Due To Incapacity?

Your loved one may lack the capacity to make decisions or manage their life due to developmental or intellectual disability. Maybe they were incapacitated by a traumatic injury or an illness. Regardless, you’re justifiably concerned for their well-being and the future stability. You want them to feel safe, secure and cared for now and in the years to come.

How can you help your loved one? When someone you care about can no longer act or make decisions in their own best interest, you can appoint a guardian to protect their welfare. A guardian is a court-appointed person or entity granted the legal authority to make decisions on behalf of someone who isn't able to.

Hyl Conte Law, PLLC: Your Special Needs Guardianship Attorneys in Lindenhurst, NY

The attorneys of Hyl Conte Law, PLLC are deeply committed to serving the needs of people with incapacity to make decisions. They have ceaselessly advocated for the vulnerable in their practice and the community, whether their incapacity resulted from developmental, emotional or medical causes.

Paul Hyl has devoted himself for years to creating personalized estate plans that protect clients, their families and their financial legacies. Arthur Conte, in addition to his estate planning and elder law practice, served on the New York Bar Association’s Executive Subcommittee on Elder Care and Special Needs.

Roseanne Beovich has extensive experience in elder law and estate planning and an additional background relevant to guardianship law. She has received certification as:

• A Court Evaluator for guardianship cases
• Counsel for Alleged Incapacitated Persons
• A Guardian Ad Litem (protecting the rights of children under family law)
• A Guardian for Incapacitated Persons

A guardianship lawyer can be of invaluable assistance in guardianship matters. Petitioning for guardianship can be a lengthy and administratively complex process that a skilled attorney can simplify.

Sometimes, guardianship is contested, requiring a guardianship litigation lawyer to advocate in the ward’s best interest. An experienced guardianship lawyer can also aid clients in deciding which type of guardianship is best and help define the parameters of the guardian’s rights, obligations and responsibilities.

What Is The Process For Appointing A Guardian?

Anyone concerned about an incapacitated person's welfare can initiate a guardianship action by petitioning the court to appoint a guardian. The incapacitated person, also known as a "ward" or "alleged incapacitated person," must be unable to make decisions or give informed consent regarding medical, financial or personal matters.

Guardianship petitions are subject to New York’s Mental Hygiene Law. Article 17a of that law covers guardianships for the developmentally or intellectually disabled over 18 years of age. Article 81 establishes the procedure for appointing guardians for a disabled person’s personal needs or property management.

Once a petitioner files the petition with the court, a court evaluator will review it. The evaluator is an independent third party tasked with investigating the circumstances surrounding the guardianship and making recommendations to the court.

Courts prefer to appoint family members as guardians but may also appoint a friend or an independent guardian, such as an attorney. At the hearing, the petitioner must present "clear and convincing evidence" of the ward's incapacity and that harm will ensue if no guardian is appointed. That evidence includes certifications or reports from medical experts.

Based on the recommendations of the evaluator and the evidence presented, the court will grant guardianship if deemed necessary.

If You Think Your Loved One Is Vulnerable And Unable To Make Life Decisions, Contact Hyl Conte Law, PLLC For Help

If someone you care about can’t manage decisions regarding their real property, sheltering, medical decisions or asset protection, get them the help they need.

Hyl Conte has a distinguished reputation and track record of compassionate advocacy for vulnerable people. Contact us today for a free consultation to answer your questions about your guardianship.