Experienced Guardianship Attorney in New York City
Caring for our loved ones after they have become incapacitated can be a complex and legally troubling task. With so many difficult financial and health-related decisions to be made, having to take the step of seeking guardianship is wrenching, but sometimes unavoidable.
At the Law Offices of Andrea Lowenthal, PLLC, I understand the need for ensuring the proper care of your loved ones' health and welfare. I will guide you through the guardianship process and help make it possible for you to take care of those who are important to you. Contact my office via e-mail or call 877-633-1119 today to arrange a consultation concerning guardianship and all the difficult decisions you may have to make.
Guardianship and Powers of Attorney
When your family member or someone you are caring for is no longer capable of making their own decisions, they may be at risk of making dangerous financial commitments, or they may be incapable of seeking medical treatment for themselves when necessary. While a power of attorney can grant power to another to make some of those decisions, a power of attorney is not without its limits. Guardianship is a legal step that reduces personal liberty of the incapacitated person but for their own benefit. This is not a decision that you or the Court takes lightly, and you need an experienced attorney to help you with these hearings and documents. All of these procedures are governed by New York State's Mental Hygiene Law, Article 81.
Types of guardianship include:
- Guardian of the property
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Guardian of the person
Proving the Need for Guardianship
The court requires "clear and convincing evidence" to show that the incapacitated person is likely to suffer harm as a result of their inability to care for themselves, or that they do not understand the consequences of their incapacity. There is a difference between an eccentric person and an incapacitated person, and the court will make a very careful examination of the evidence before granting someone the power of a guardianship.
At the Law Offices of Andrea Lowenthal, PLLC, I understand the need for ensuring proper care and protection of your loved ones. I will help you with the guardianship process and help make it possible for you to care for those who are most important to you. Contact me via e-mail or call my office today at 877-633-1119 to discuss your concerns about guardianship and the difficult decisions you have to make.