Guardianship Archives | Russo Law Group, P.C.

How to become a Guardian for an Incapacitated Adult

When considering how to manage the property and/or well-being of a person under a disability, the need to be appointed a guardian for that person often becomes part of the conversation. In New York State there are three types of guardianship proceedings whereby a guardian can be appointed. The three guardianship proceedings are as follows:… Read More »

How to become a Guardian for an Adult with Developmental and/or Intellectual Disabilities

When considering how to manage the property and/or well-being of a person under a disability, the need to be appointed a guardian for that person often becomes part of the conversation. In New York State there are three types of guardianship proceedings whereby a guardian can be appointed. The three guardianship proceedings are as follows:… Read More »

How to become a Guardian of a Minor

When considering how to manage the property and/or well being of a person who is a minor, or who may be considered disabled, the need to be appointed a guardian for that person often becomes part of the conversation. In New York State there are three types of guardianship proceedings whereby a guardian can be… Read More »

What Powers Does a Guardian Have?

In New York State there are three types of guardianship proceedings whereby a guardian can be appointed. Three Guardianship Proceedings The three guardianship proceedings, which are established by separate statutes, are as follows: Surrogate’s Court Procedure Act (SCPA) Article 17 – Guardianship of a Minor Child SCPA Article 17-A – Guardianship of an Adult with… Read More »

When Should a Medicaid Plan be Presented to the Guardianship Court?

A Medicaid plan can be presented to the guardianship court either before a guardian has been appointed or after, depending on when the need for a Medicaid plan arises. Medicaid Planning at the Onset of the Guardianship Proceeding If the need for a Medicaid plan is apparent at the onset of the guardianship proceeding, then… Read More »

How Can a Medicaid Plan be Approved in a Guardianship?

For many individuals who have capacity or who have executed a durable power of attorney with sufficient authorities granted to their agents, the ability to engage in a well-thought-out Medicaid plan is a given. Beginning with a Court Proceeding However, in situations where an individual has lost capacity and does not have a sufficient durable… Read More »

On Air with Eric Einhart

Guardianships: A Practical Explanation Eric J. Einhart joined Hilary Topper on her talk show, Hilary Topper on Air. During this show, Eric discusses Frequently Asked Questions on Guardianships. Here are some of the questions he addresses during the show: What is a guardianship? When is it needed? What does a Guardian do? What is the… Read More »

Should a Guardian Consider Medicaid Planning?

As Elder Law attorneys we advise our clients to execute durable powers of attorney in order to ensure that someone they trust is authorized to manage their property in the event that they no longer have the capacity to do so. In the absence of a durable power of attorney, or if the durable power… Read More »

On Air with Deanna M. Eble

Special Needs Planning Deanna M, Eble joined Hilary Topper on her talk show, Hilary Topper on Air. During this podcast, Deanna discusses some of the hurdles of raising a child with special needs. Many parents are inundated with information from all different sources encouraging a guardianship for their child. Guardianship is not the only option… Read More »

Special Needs Planning for your Child

If your child has special needs, there are so many things to think about. Between getting the child help right now and thinking about what happens when they turn 18 and you no longer have the legal authority to make medical and financial decisions; here are two options: Advance Directives – Advance directives, if the young… Read More »

Power of Attorney versus Guardianship

Have you ever been concerned about an aging parent who seems to be making “bad” decisions? Or, have you thought about who will look after you should something tragic happen and you become incapacitated? These are difficult scenarios to think about, but Power of Attorney and Guardianship proceedings can offer peace of mind. In a… Read More »

Do I Need a Power of Attorney?

YES, YES, YES! If you are over the age of 18 (and chances are if you’re reading this you are), you should have a power of attorney. Unless you would rather leave it up to a judge. A power of attorney is a legal document where you are giving your agent(s) the power to sign… Read More »

Should Tom Hanks be my Health Care Proxy?

As Elder Law attorneys we are keenly aware of the many serious issues that impact the senior citizen population. We take great pride in being advocates for our senior clients and strive to educate our clients and the general population on these issues. Time and time again, our senior citizens and their families face… Read More »

Upcoming Webinar on “How Decisions Are Made: Guardianship”

Webinar – How Decisions Are Made: Guardianship Date: May 31, 2018 Time: 7:00 PM – 8:00 PM Location: Your Computer, Phone or Tablet Join Partner, Eric J. Einhart for this Free Educational Webinar. Please register for How Decisions Are Made: Guardianship on May 31, 2018 7:00 PM EDT at: https://attendee.gotowebinar.com/register/1667398779208221441 Attend this free webinar on:… Read More »

Who makes decisions for me if I can’t? You Choose!

An individual’s estate plan should include legal documents that authorize a person of your choosing to make the necessary financial and health care decisions for you in the event you are unable to make your own decisions. Every adult individual should have a comprehensive Durable Power of Attorney. The Durable Power of Attorney can be… Read More »

Posts Categorized: Guardianship