Unless you have a crystal ball, it’s impossible to predict what the future holds. Should you become unable to make your own decisions, it is imperative to appoint someone to take care of your affairs and make healthcare decisions on your behalf. Additionally, in order to ensure that your assets are passed on to your… Read More »
Posts Categorized: Guardianship
Featured Post:
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 »
Who Can Make Decisions for My College-Bound Child?
As your child prepares to graduate from high school, you have a laundry list of things that you will do for them. From completing those college applications to getting them Prom ready, you have your hands full. Before you send them on their way with their extra-long sheets and a meal plan, do you know… 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 is the Difference Between a Power of Attorney and a Guardianship?
To the average person, there may not seem to be much of a difference between an agent under a power of attorney and a court appointed guardian, since both are third parties that could be authorized to handle financial and legal decision making for a person who lacks capacity to do so. However, there are… Read More »
Do I Need a MOLST Form? Part 2
In Do I Need a MOLST Form? Part 1, we discussed who might need a MOLST form and in which situations. Below we’ll discuss how a MOLST form is executed. There are certain medical requirements that need to be met in order for a MOLST to be in place for the patient with developmental disabilities.
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.
Transferring 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 on… Read More »
Can a Healthcare Agent Decide Who Visits a Patient?
If you are an agent under a healthcare proxy for a loved one, you may be faced with some difficult questions and issues from time-to-time.
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 »