For individuals who do not have advance directives, or are incapable of making personal and financial decisions, a guardian may be needed to act on their behalf. The guardian is usually a family member or close friend, but also can be a third-party appointed by the Court. The Court decides whether or not a guardian is needed, who should be appointed, and what financial or personal decision making powers the guardian should be granted. Once appointed and commissioned, the guardian will act on behalf of the incapacitated person.
A Guardian of the Person can:
- Make medical decisions
- Make decisions regarding the incapacitated person’s social environment
- Determine whether the incapacitated person should be placed in a nursing home or assisted living facility
A Guardian of the Property can:
- Manage property and financial affairs
- Collect, deposit and withdraw Social Security and other pension and annuity benefits
- Enter into contracts
The Guardian also has the ongoing responsibilities of:
- Filing an oath and designation with Court
- Obtaining a Bond-providing background information and assets
- Marshalling and safeguarding the incapacitated person’s assets
- Using financial resources to maintain and support the incapacitated person
- Determining whether the incapacitated person executed a will
- Filing a yearly accounting of the incapacitated person’s assets and expenses
- Ensuring the planning and payment of appropriate funeral arrangements
Our firm brings forth actions on behalf of family members seeking to obtain guardians for their loved ones. We also represent nursing homes and hospitals who believe a resident or patient needs a guardian. In addition, the attorneys in our office have been recognized frequently by the Courts in Nassau, Queens and Suffolk County by being appointed to represent and assist persons with special needs or incapacity. |