Experienced Guardianship Lawyers In Staten Island, New York
Having a power of attorney and health care proxy in place will ensure that during your lifetime, important financial and health-related issues will be handled according to your wishes. But what happens when someone without these documents becomes mentally incompetent?
In such a situation, a guardianship proceeding can be instituted by an interested party – usually a spouse, child or parent – to be granted the legal authority to act on behalf of the incapacitated person. The process of establishing a guardianship can be long, contentious and complicated. To maximize your chance of a successful outcome, having an experienced attorney is a must.
Article 81 Proceedings
An Article 81 Guardianship Proceeding may be necessary when an adult is legally determined to be unable to make his or her own decisions. Our knowledgeable attorneys at Angiuli & Gentile, LLP, can help you and your family navigate through the guardianship process with ease.
Article 17-A Proceedings
People often think of incapacitation and guardianship as issues involving the elderly, but this is not entirely true. When an individual is developmentally disabled to the extent that he or she lacks the capacity to make his or her own decisions, guardianship can be sought through Article 17-A proceedings. This allows parents to speak and act on their child’s behalf as his or her guardian, even after he or she reaches the age of majority.
Are There Alternatives To Guardianship?
In some cases, full guardianship may not be necessary. Exploring less restrictive alternatives can provide essential support while helping individuals maintain greater control over their lives. These options are often quicker, less costly and less intrusive than formal guardianship proceedings.
Power Of Attorney
A power of attorney (POA) is a legal document that allows someone to appoint a trusted individual to manage their financial or legal matters. This can include paying bills, managing investments, or handling real estate. A POA is often appropriate when a person is still mentally competent but wants help managing their affairs. It offers flexibility and avoids the court process involved in guardianship.
Health Care Proxy
A health care proxy lets a person designate someone to make medical decisions on their behalf if they become incapacitated. It ensures that health care choices are made according to their wishes without requiring court intervention. Having a proxy in place can eliminate the need for a court-appointed guardian for health-related issues.
Advance Directives
Advance directives, such as living wills, allow individuals to state their preferences for medical care before a crisis occurs. These documents provide clear guidance to loved ones and medical providers and help avoid unnecessary legal disputes.
Supported Decision-Making
Supported decision-making is a model that empowers individuals with disabilities to make their own choices with help from a trusted group of advisors. Unlike guardianship, it does not remove the person’s legal rights. New York has increasingly recognized this option as a way to protect autonomy while still offering meaningful support.
Representative Payee And Trusts
A representative payee can manage Social Security or other public benefits for someone who cannot do so themselves. Similarly, special needs trusts and other types of trusts can help manage assets without giving up full decision-making rights. These tools can provide targeted financial support without a guardianship order.
Guardianship is not the only way to protect a loved one. Exploring alternatives may result in better outcomes that preserve dignity and independence. Speak with a knowledgeable attorney to find the best path forward for your family.
Experienced New York Attorneys For Guardianships
For compassionate representation focused on protecting your loved one, you can turn to Angiuli & Gentile, LLP. Our Staten Island lawyers can help you pursue an appointment as a guardian of the person and/or the property of your loved one as efficiently as possible. Contact us today to arrange a consultation.
