Unfortunately, age and other serious conditions – Alzheimer’s, Parkinson’s, dementia, strokes, psychiatric disorders, or accidents can negatively affect a person’s ability to make safe and appropriate decisions. In New York, the law does permit healthcare providers to obtain consent for treatment from a patient’s close family members under certain conditions. However, there may also be times when a guardianship is necessary. If you have a loved one who can no longer make decisions relating to his or her financial and personal affairs, the attorneys at Sholes & Miller PLLC can help you make arrangements, including guardianship when necessary, for the protection of your loved ones’ personal well-being, property, and assets.
Filing a petition for guardianship requires establishing that the person who will receive a guardian is incapacitated. In reality, this means that a cognitive disability prevents effective management of property and ability to make sound decisions regarding personal and medical care. We will help you file the petition and prove to the court that your loved one is unable to provide for his or her needs and cannot adequately understand the consequences of that inability.
ASSISTANCE WITH GUARDIANSHIP COMPLIANCE AND ACCOUNTINGBeing appointed a guardian of the property, you are subject to some stringent responsibilities and duties. We regularly assist guardians with: • Inventory of assets Guardianship of the person also comes with regulations, which includes a yearly report provided to the court. Our attorneys can help you with that reporting as well. |
ASSISTING NURSING HOMES AND HOSPITALS WITH GUARDIANSHIPSFrom time to time nursing homes may also need to seek guardianship for a resident due to lack of available relatives, elder abuse, inability of family members to agree on a course of treatment, or because the current guardian is not acting in the patient’s best interest. Our firm assists our nursing home clients with all aspects of the guardianship process. |
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