Guardianship

I use my best efforts to assist clients to plan for possible disability and/or incompetence. We discuss the fact that as a person ages - - or suffers chronic illness, or has a serious accident - - he/she is sometimes not able to handle his affairs. I explain that one of my professional goals is to allow the client to plan rather than to leave it to a judge in a guardianship procedure. Most clients appreciate the advice and use the opportunity to execute a Will, a Health Care Proxy and Power of Attorney and to take initiate other planning strategies.

If a person has not planned before becoming incompetent, it might be necessary to petition the Court to appoint a Guardian. Most difficult are situations where the person refuses to admit the problem and seek assistance.

The procedure for appointing a Guardian is contained in Article 81 of the the New York State Mental Hygiene Law. It is important to carefully follow all the laws.