Guardianship Proceedings to Intervene on Behalf of a Loved One
Experienced Legal Counsel for a Sensitive Situation
There often comes a point when a spouse or parent can no longer manage on their own. The trigger may be health and hygiene, neglected finances, confusion, signs of elder abuse or any combination.
In the absence of previously established powers of attorney, it may be necessary to petition the court to have your loved one declared incapacitated and placed in guardianship. Although motivated by the person's safety and welfare, these proceedings can be heart-wrenching and even bitterly contested. The loved one may feel betrayed or prematurely robbed of independence, and other family members may oppose the need or the appointee.
Guardianship Attorneys in Poughkeepsie, New York
The estate law attorneys of McCabe & Mack LLP have extensive experience with guardianship proceedings. We can intervene to protect the interests of a family member who is vulnerable to fraud or abuse, or simply unable to manage routine matters.
- Guardianship of the person governs personal care, daily living and living arrangements, including placing the person in a nursing home or assisted living center.
- Guardianship of the property is authority over finances and legal affairs, including bank accounts, bill paying, investments and transactions.
The court may appoint separate guardians or vest both powers with one person. The court can also set specific limits on the scope and duration of guardianships.
We also have experience with guardianship of developmentally disabled family members. Upon attaining age 18, they are adults under the law and parents no longer have the right to make decisions for them. A parent or other family member must petition the court to be appointed legal guardian of a developmentally disabled adult.
Our knowledgeable and compassionate lawyers will guide you through the legal process, from evaluation by medical professionals to testimony in court by those who oppose or support the petition. We also handle proceedings to remove an unfit guardian for undue influence, elder abuse, neglect or breach of fiduciary duty.
Are You Seeking to be Appointed Guardian?
If you need to intervene because of your family member's dementia, frailties or developmental disabilities, contact us to arrange a consultation. We practice in Dutchess County, Orange County, Ulster County and the surrounding jurisdictions of the Hudson Valley.
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