Conservatorship Lawyers in NYC, Ensuring Incapacitated Loved Ones Are Cared For

Life can be pretty stressful at times, but few of us recognize just how many important decisions we face on a daily basis. Paying bills, seeking medical care, meeting our basic needs, and countless other necessities are just par for the course in our everyday lives. Unfortunately, it's possible for a person to become incapacitated to the point that they can no longer make such decisions on their own. If something happens that puts a loved one in this position, it's essential that someone is assigned to help make important determinations regarding their finances and personal care. This process can be complicated, but a conservatorship lawyer in NYC can help.

At Marchese & Maynard, LLP , we've seen what can happen to bank accounts, properties, personal effects, and healthcare decisions when someone is incapable of making their own choices. Loved ones can end up arguing over issues, and financial matters can seem like an impossibility to figure out. This is where our law firm comes in. Our team of experienced legal professionals can advocate on behalf of you and your family member. Every case is different, though, so it's important that you sit down with us as soon as possible. Reach out to our law offices today to schedule a free consultation to better understand your situation.

Conservatorship Definition?

Under New York law , a conservatorship is known as guardianship. You may also hear the overall process referred to as a guardianship of an incapacitated person or an Article 81 case. Regardless of the terminology, however, this is a legal process whereby the court feels that a person is incapacitated and needs a guardian to make important decisions for them. This can happen if an individual becomes physically or mentally incapacitated. Incapacitation occurs when a person can't care for their own personal needs or properties or if they're likely to face harm because of an inability to understand the consequences of a lack of care.

There is no presumption under New York law that a person is incapacitated and needs a guardian. In fact, a third party must petition the court to have someone declared incapacitated and in need of a person appointed as guardian. The petitioner can seek to become the guardian, but the court may also choose an unrelated outside party to serve in this role. This decision will depend on whether a loved one is willing to handle guardianship necessities or if any relative qualifies to serve in the role. If a judge hears evidence that the individual in question is incapacitated, the guardian will be assigned to handle important matters.

How Is a Guardianship Important to Elder Law?

You can ask any conservatorship lawyer in NYC, and they'll tell you that guardianship is a major part of elder law. That's because many people become incapacitated as they get older. While accidents can result in young individuals needing guardians, the simple fact is that reduced mental functions are just a normal part of getting older. Additionally, the risk of serious injury from accidents also increases as a person ages. This means that an elderly individual with perfect mental functions could suddenly become incapacitated due to an unexpected accident. In many cases, this may be through no fault of their own.

Potential guardians can also petition the court following a disease diagnosis of their loved one. This is an important step. For instance, individuals who are diagnosed with Alzheimer's disease live up to 11 years after their diagnosis on average. In some cases, people have been known to survive for more than two decades. Since such a diagnosis can occur long before death, there are many years in which a person may become increasingly unable to make important decisions on their own. Regardless of whether your loved one is incapacitated due to age, illness, or accident, however, speaking with a conservatorship attorney in NYC may be in both of your best interests.

What Does an NYC Conservatorship Cover?

Not every legal guardianship is the same. Guardians can be assigned when a person becomes physically or mentally incapacitated, and the needs of an individual could vary greatly in these two situations. That's why a judge has discretion during the appointment of Article 81 guardianship. They can dictate that the conservator handles an individual's personal needs or financial affairs. The judge may also decide that the guardian will handle both. Here's what you need to know about what qualifies in each of these categories.

Personal Needs

A guardian assigned to assist someone with personal needs handles many of the same tasks that a healthcare proxy would. This means they can make important medical decisions and access confidential records on a person's behalf. They can also decide where an individual will live and apply for benefits on their behalf.

Financial Affairs

Court-appointed guardians assigned to handle financial needs will have many of the same responsibilities as a durable power of attorney. This means they can manage properties, pay bills, enter contracts, access Social Security checks, organize assets, and make gifts on behalf of the incapacitated individual.

Can You Avoid the Need for a Guardianship?

If a person has a family member, they trust to act as their legal guardian; it's important that they don't wait until they need a conservatorship. The reality is that guardianship grants a lot of power to the courts. In the end, who provides care for you could depend on whether a loved one has an experienced attorney. To avoid letting the court make important decisions on your behalf, you should speak with an estate planning attorney in NYC. At Marchese & Maynard, LLP, we help our clients get their affairs in order so they know in advance who will make decisions on their behalf.

Such decisions can be made by choosing a healthcare proxy and power of attorney in advance. Some people believe their executor will handle this role if they become incapacitated, but that's not how New York law works. An executor only deals with your estate after you have passed on. If you're concerned about who will make decisions on your behalf, you don't have to wait for your family to hire an NYC conservatorship attorney after you're incapacitated. Speak with an estate planning lawyer today and make sure you're making important decisions on your own.

Contact a Conservatorship Lawyer in NYC Today

If you believe it's time to seek legal guardianship for a loved one, it's important to start the process as soon as possible. Every minute wasted is a moment when a family member's personal and financial well-being is in danger. Even in cases where the need for a conservatorship in NYC is clear, it's still necessary for a judge to sign off on order. Don't waste time trying to track down necessary legal documents on your own — or worse, make mistakes in the filing of such documents. If your loved one never got around to estate planning, visiting our law offices today can get your family on the right track.

At Marchese & Maynard, LLP, we're ready to help get a guardian assigned for your family member. All guardians must be approved by the court and undergo training, so schedule your appointment with us today. Our legal team will help you understand what you're up against along with how to undergo the entire process in the most efficient way possible. Whether you're concerned with your loved one's financial affairs, personal matters, or health care needs, our conservatorship lawyers in NYC are on standby and ready to assist. Contact us today by calling 516-869-1111 to schedule your free consultation.