Guardianship/Conservatorship

Guardians and conservators are appointed to protect people who cannot make decisions without assistance. This could be a minor child or an adult who is incapacitated. In New York, guardians may be authorized to make both heath care and financial decisions.

A guardian’s authority can be broad or rather limited. For example, in addition to making general financial and health care decisions, a guardian may be authorized to make “personal” decisions, such as whether the individual in question can have visitors, attend social gatherings, and more. The extent of the guardian’s authority falls under the purview of the Surrogate’s Court.

Without proper planning, the court will appoint a guardian. This could be someone you never would have wanted to make important decisions for your minor children or for yourself in the event of incapacity. In addition, the guardianship process can take a very long time and cost a great deal of money. Family disputes often arise over who should be named guardian, leading to costly law suits and hard feelings that can last a lifetime.

At Crisafulli Gorman, P.C., we can use a number of tools and strategies to avoid a guardianship proceeding. These include powers of attorney, living wills, trusts, and in the case of minors, naming a guardian in a Last Will and Testament. However, if you are currently faced with a guardianship proceeding involving a minor or incapacitated loved one, you do not have to go through it alone. We are here to guide you every step of the way while protecting your interests and those of your loved one.

Contact us today for a consultation to discuss your unique needs and goals.