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GUARDIANSHIP LAWYER IN ROCHESTER NY

At times, a loved one in our life makes decisions that are harmful. When those decisions rise to a level which causes substantial harm, pursuing an Article 81 Guardianship in the Supreme Court is an option.

An Article 81 Guardianship is a proceeding in Court where you can ask the Court to appoint someone to manage the property or personal decisions of another person. You must prove to a high likelihood (by “clear and convincing evidence”) that the person suffers a functional limitation, they do not understand their functional limitations, and that they have suffered personal or financial harm as a result.

Consider these scenarios:
  • Your spouse suffers an incapacitating brain injury and never appointed anyone to act as his or her power of attorney or health care agent in the event of disability.
  • Your father begins an online relationship with someone who obtains his financial information and begins stealing money from him.
  • Your sibling manipulates your mother into transferring all of her assets into the sibling’s name, while isolating your mother from anyone else in the family.
  • Your disabled child begins an inappropriate relationship with someone who is siphoning off her governmental benefits and incurring debt in her name.
  • Your mother becomes addicted to a scam (Jamaican lottery, Nigerian prince, English inheritance, etc.) and transfers large sums of money to strangers all over the world.
  • Your parents are no longer safe in their home, have stopped paying their bills, refuse to consider moving and refuse to allow help to enter the house.
We have helped many families through these difficult situations by instituting an Article 81 Guardianship proceeding to protect their loved one.

GUARDIANSHIP FAQ

How much does guardianship cost?
Article 81 Guardianship in New York State is a complex proceeding involving a specialized set of law. The cost will vary from attorney to attorney, but it is generally several thousand dollars. If you are successful, the Courts will usually order the attorney’s fees be paid from the incapacitated person’s money.

What kind of attorney handles guardianship?
It is imperative to hire an attorney who focuses his or her practice not just in elder law, but specifically on Article 81 Guardianship proceedings. These are frequently contested and require expertise related to estate planning, long-term care planning, and litigation.

How do I sign a document as a guardian?
(YOUR NAME), Guardian of the Person / Guardian of the Property

What do you write when you sign on behalf of someone else?
(YOUR NAME), Guardian of the Person / Guardian of the Property

Can a guardian have a debit card?
An Article 81 Guardian is granted specific powers by the Court. Any powers not given to the Guardian are retained by the ward. A Guardian will often manage a bank account on behalf of the ward and use a card associated with that account. They must account for their expenditures to a Court Examiner on an annual basis.

What is needed to get legal guardianship?
An Article 81 Guardianship is a complex, highly technical legal process which requires a specific set of pleadings alleging a specific set of facts.

Do you need an attorney to file for guardianship?
You need to work with an attorney who focuses his or her practice specifically on Article 81 Guardianships. An Article 81 Guardianship is a complex, highly technical legal process that not all attorneys are equipped to handle.

What are the alternatives to guardianship?
If someone is willing to sign a Power of Attorney, you may be able to act on their behalf. However, they do not lose their ability to make decisions, which can often have disastrous consequences if their judgment is impaired.

What is guardianship?
An Article 81 Guardianship is a complex, highly technical legal process where you ask the Court to appoint you to manage the financial and personal affairs of an incapacitated person.

Do you get paid for legal guardianship?
Typically, a guardian can be reimbursed, but does not receive a salary unless they are a specially trained and licensed professional.

How to get guardianship?
An Article 81 Guardianship is a complex, highly technical legal process that not all attorneys are equipped to handle. You need to work with an attorney who focuses his or her practice specifically on Article 81 Guardianships.

How to get temporary guardianship?
As part of the initial filings in an Article 81 Guardianship, your attorney may be able to work with the Court to grant you temporary powers until a final hearing date can be held.

How to fight a guardianship case?
A contested Article 81 Guardianship is a complex, highly technical legal process that not all attorneys are equipped to handle. You need to work with an attorney who focuses his or her practice specifically on contested Article 81 Guardianships.

Does guardianship end at death?
Guardianship powers cease at death, but you will be required to file a final report with the Court examiner and may need to take further steps to administer your ward’s estate.

How to get guardianship of a parent?
It is imperative to hire an attorney who focuses his or her practice not just in elder law, but specifically on Article 81 Guardianship proceedings. These are frequently contested and require expertise related to estate planning, long-term care planning, and litigation.

What does guardianship of an elderly parent mean?
A Court appoints someone to make financial, living, and healthcare decisions on that parent’s behalf. There must be a showing of incapacity.

How to apply for guardianship?
It is imperative to hire an attorney who focuses his or her practice not just in elder law, but specifically on Article 81 Guardianship proceedings. These are frequently contested and require expertise related to estate planning, long-term care planning, and litigation.

How to file for guardianship?
It is imperative to hire an attorney who focuses his or her practice not just in elder law, but specifically on Article 81 Guardianship proceedings. These are frequently contested and require expertise related to estate planning, long-term care planning, and litigation.

Do you need guardianship if you have power of attorney?
A power of attorney gives you the limited ability to act on behalf of someone else. The person does not lose their ability to make their own decisions, even if those decisions are poor. A guardianship removes the ability to make decisions - the guardian is empowered to make all necessary choices granted to them in the final Order.

How to transfer guardianship from one state to another?
Transferring an out of state guardianship is a highly complex and technical legal process. You should consult an attorney who focuses his or her practice in this area.

How can a guardianship be revoked?
If the revocation is contested, you must hire an attorney who focuses his or her practice not just in elder law, but specifically on contested Article 81 Guardianship proceedings. These require expertise related to estate planning, long-term care planning, and litigation.

Does guardianship supersede power of attorney?
A power of attorney gives you the limited ability to act on behalf of someone else. The person does not lose their ability to make their own decisions, even if those decisions are poor. A guardianship terminates the Power of Attorney and removes the ability to make decisions - the guardian is empowered to make all necessary choices granted to them in the final Order.

Can permanent guardianship be reversed?
To reverse a Court’s prior decision, you must hire an attorney who focuses his or her practice not just in elder law, but specifically on Article 81 Guardianship proceedings. These are frequently contested and require expertise related to estate planning, long-term care planning, and litigation.
Thank you for “making it happen” with my father’s Medicaid.

- Barbara

RICHARD A. KROLL
ATTORNEY

Richard A. Kroll, Esq. has an active practice in the area of Estate Planning, Trusts, and Probate. He is a member of the...

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CAROLYN A. REARDON
ATTORNEY

Private practice in Rochester, New York with the Kroll Law Firm since 2007, a group practice in Brighton, New York with emphasis on...

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MARCUS W. KROLL
ATTORNEY

Marcus's practice involves estate planning for all families, including LGBT couples, second marriages, and families who have members with...

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