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 »

How Do I Transfer Guardianship From One State to Another?

A guardianship proceeding can be very expensive, very time consuming, and very emotionally and physically draining—for the person who needs a guardian and the family members as well. Why is this? Take a look at the reasons below: You have to file a petition with the court. You have to serve notice of service to family members and the… Read More »

Can a Guardian Bring a Divorce Proceeding?

As divorce, blended families, and second and third marriages become more common in our society, the questions of how these changing family dynamics will impact our aging population have become more complicated. The issue of divorce becomes especially complicated when there is an adult who is incapacitated. Under current law, a guardian under Mental Hygiene… Read More »

When Does a Guardianship End?

A guardian is someone who is appointed to make important decisions for another person who is not able to make those decisions on their own. This may be for a child, an adult with intellectual or developmental disabilities, or an adult who becomes incapacitated. One of the most common questions a guardian has when they… Read More »

Which Type of Guardianship is Appropriate for My Situation?

In New York, there are only two guardianship proceedings for adults, namely Surrogate’s Court Procedure Act (SCPA) Article 17-A guardianship, and Mental Hygiene Law (MHL) Article 81 guardianship. Although the basic premise for these two guardianship proceedings is the same – based upon the proper findings the court will appoint a guardian to care for… Read More »

What Does it Take to be a Guardian?

There are three types of guardianship proceedings in New York State: Article 17 – Guardianship of minors. Article 17A – Guardianship of adult individuals with intellectual or developmental disabilities. Article 81 – A mental hygiene proceeding for adults who had capacity at one point but have lost a certain level of capacity.

How Will Decisions Be Made If I am Incapacitated? Part 2: Guardianship

In a previous blog, we discussed the important documents—healthcare proxy, living will, and power of attorney—that allow you to appoint people to make healthcare, legal, and financial decisions on your behalf should you become incapacitated. If you have not finalized those documents before you become mentally or physically unable to make decisions, then a guardianship proceeding… Read More »

Think You Have to Disinherit Your Child with Special Needs? Think Again!

Many families assume it’s better to disinherit their child with special needs. Their intentions are loving—they don’t want the child to lose their government benefits as a result of inheriting; they don’t want to do their child more harm than good. They think it would be better to leave everything to their other children, trusting… Read More »