Taking Over The Care Of A Vulnerable Family Member
Guardianship is the court-appointed authority to oversee the personal care and/or finances of someone who is no longer able to manage their own affairs. If you believe that time has come but there are no powers of attorney in place, we can help you intervene to become legally recognized as guardian.
Corliss Law Group, P.C., is regularly called upon to establish guardianships in Westchester County, Putnam County, Dutchess County and New York County (Manhattan). We have provided elder law assistance and estate planning services for more than 30 years, from Medicaid issues to wills and trusts.
If the vulnerable person has powers of attorney or a health care proxy, a guardianship is not necessary. In the absence of those documents, you will have to petition the court to be appointed guardian. Depending on the needs and capacity of the person, guardianship powers may include some or all of the following:
- Overseeing basic care and hygiene, including hiring home care or cleaning help
- Making health care decisions, including nursing home placement
- Stopping or preventing elder financial abuse
- Intervening to prevent physical abuse or self-harm
- Paying bills and managing banking accounts and investments
- Tax planning and estate planning if the ward has substantial assets
We can explain the duties and responsibilities of guardianship and guide you through the process of getting appointed, including emergency situations.
NOTE: We handle only noncontested guardianships, in which the ward agrees to guardianship or has no mental capacity to challenge it, and no family members or other parties are opposing the appointment.