Conservatorship Lawyers in Manhasset NY, Helping Your Loved Ones Who Can’t Care for Themselves

It’s a disheartening moment when a loved one can no longer care for themselves. Sometimes this happens suddenly and without warning, but in other cases, it’s a drawn-out process that has no definite inception point. There are even times when our loved ones may disagree with everyone’s assessment. Regardless of the situation you find yourself in, a conservatorship lawyer in Manhasset, NY may be able to help.

At Marchese & Maynard, LLP, our skilled team of attorneys has served the needs of Long Island and New York residents for years. We understand the challenges that families face when loved ones lose the ability to care for themselves. It may be scary to discuss the difficult realities of what you’re facing, but we can help you better understand your situation and how to move forward. Contact us for a free consultation today.

What Is a Conservatorship?

In New York, a conservatorship is known as guardianship. The guardianship process allows the court to assign a person to make important decisions on behalf of an incapacitated individual. Incapacitation is defined as an inability of a person to handle their own personal or financial needs. Individuals may also be considered incapacitated if they don’t realize that certain actions can lead to serious harm.

Someone must petition the court to have a conservatorship granted. This is called an Article 81 case in New York. However, it’s important to remember that a petition does not guarantee that guardianship will be granted. A judge must review available evidence to decide whether an individual is truly incapacitated or a danger to themselves. If granted, the court will choose a guardian — not necessarily the petitioner — to make certain decisions.

This is a complex process, so seeking advice from a conservatorship lawyer in Manhasset, NY is a good place to start.

What Do Conservatorships Cover?

When a judge grants guardianship in New York, it doesn’t necessarily remove all autonomy from the protected person. That’s because a conservatorship can cover specific areas of an individual’s life. For instance, a person may be able to take care of their own health but be unable to manage their money properly. That’s why New York guardianships can cover the following separate categories:

• Personal needs: The guardian can make medical decisions, access confidential records, apply for government benefits, and make other personal decisions on behalf of the protected person.
• Financial affairs: The guardian can handle all the financial responsibilities and needs of the protected person. This includes paying bills, property management, receiving benefits checks, organizing assets, and more.

As our Manhasset, NY conservatorship lawyers will explain during your free consultation, these two categories are not mutually exclusive. In cases where a person cannot care for their own financial or personal needs, a judge can assign a guardian to deal with both. There is no “one-size-fits-all” conservatorship, so it’s best to discuss your needs with an experienced attorney.

What Are the Types of Conservatorships in New York?

In addition to there being multiple needs met by the guardianship process, there are also different types of conservatorships that a person may seek. A judge will grant whichever they believe is appropriate for the situation. It’s important to discuss your loved one’s unique circumstances with a conservatorship lawyer in Manhasset, NY to understand which may be appropriate.

The different types of guardianship include:

• Temporary Article 81: A guardian is assigned on a temporary but urgent basis. This occurs near the beginning of or during guardianship hearings. They’re typical if the protected person is in personal or financial danger, and the guardianship ends once proceedings have concluded.
• Special Article 81: A guardian is assigned after proceedings have ended to perform limited duties. This could be anything from filing for benefits on behalf of an individual living in a facility or simply helping a person collect an inheritance. This role is minor and typically ends after their stated duty is completed.
• Permanent Article 81: A guardian is appointed for an indefinite period of time to care for the needs of an incapacitated person. Their duties typically last until the protected individual dies or a separate court order is made.

A Manhasset, NY conservatorship lawyer can help you identify the appropriate guardianship type and petition the court to assign a guardian.

Contact a Conservatorship Lawyer in Manhasset, NY Today

Anyone who lives to a ripe old age will eventually lose their ability to handle certain tasks. It’s just part of life. When this happens, it’s important for those who care about the individual to ensure their well-being is accounted for. This is also true if you have a loved one who has suffered an incapacitating injury — even if their current condition is only a temporary circumstance. Having a legal professional on your side can prove invaluable during these times.

At Marchese & Maynard, LLP, we understand the complexities of New York guardianship laws. We’ve helped many of our clients navigate these complicated issues and reach positive outcomes over the years. If you’re wondering whether guardianship is right for a loved one, there’s no need to make assumptions. Contact us today by calling 516-447-2144 to schedule a free consultation. Our conservatorship lawyers in Manhasset, NY can assist.