Incapacity Planning and Guardianships

Incapacity planning is a broad area of law that covers how you are cared for if you become physically or mentally unable to care for yourself. The type of care could range from simple tasks like buying groceries, paying bills, and handling financial matters to more important decisions such as selling real estate, gifting assets to your children, or making critical medical decisions. Depending on the needs of the individual or family, incapacity planning could include a number of planning techniques such as Property Powers of Attorney, Health Care Proxys, Living Wills or Advance Health Care Directives or Guardianships under either New York's Mental Hygine Law (MHL) Article 81 Proceeding or Surrogate Court Procedure Act (SCPA) Article 17A Proceeding.

What is a Guardianship?

Guardianship, also known as Conservatorship, is a court-supervised proceeding which names an individual or entity to manage the affairs of an incapacitated person. A Guardianship may include a guardian over the property, over the person, or both.

Our law firm helps clients create a plan to handle their affairs in the event they become disabled, thereby avoiding the necessity of a public Guardianship proceeding.  When a guardianship proceeding is necessary, our office can assist as counsel to the guardianship petitioner, counsel to the Alleged Incapacitated Person (AIP), and counsel to the guardian. 

Please contact our office for assistance.