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Giving You The Protection You Need For The Future

Even if you are healthy now, an unforeseeable serious car accident or a life-threatening illness can take away your ability to make decisions about your financial future. Who will care for you and handle your finances when you are unable to do so? A guardianship protects you from unplanned life events by allowing you to choose an agent to make decisions on your behalf when you are unable to do so.

Elder law attorneys at The Law Offices of Polizzotto & Polizzotto, LLC, handle all of your estate planning needs. They understand the importance of planning for your future and can help you establish a guardian to make critical decisions about your life if you become incapacitated, seriously injured or ill.

Don’t Wait To Establish Legal Guardianship

Many people ignore the advice to do advance planning with a power of attorney or health care proxy – only to learn too late that a guardian could have helped them at a time when they needed it most. If you don’t make decisions about your financial future now, you may find yourself in a situation where no decisions can be made. If you do not set up these directives in advance and you become incapacitated or too ill to manage your finances, your bills may not be paid and your assets not properly managed. The court will be able to step in to name a guardian if one is not named in an advance planning document before you are ill or injured.

Your agents named in a power of attorney or health care proxy act as a substitute for you by making decisions to protect your financial assets and property. With proper planning, you can avoid the hassle and cost of court involvement. By protecting yourself when you are able to do so, you will save considerable time and expense if you are unable to manage your finances later in life.

What Is An Article 17-A Guardianship?

Sometimes, it might be necessary to establish a guardianship of an adult who has a developmental or intellectual disability. In New York State, these types of guardianships are known as Article 17-A guardianships. They fall under Article 17-A of the Surrogate’s Court Procedure Act. If an adult age 18 or older cannot make medical and legal decisions in their own best interests, you can petition the court to appoint a guardian to oversee their care. A physician and a psychologist or two physicians must certify that the person has a disability and cannot take care of their affairs on their own.

Article 81 Guardianships: What To Know

An incapacitated person (AIP) is someone who:

  • Cannot care for their personal needs or property
  • Might suffer harm because they do not understand the consequences of their inability to care for their needs or property

Article 81 guardianships are for incapacitated people. These types of guardianships are often very complex, expensive and difficult to obtain. They involve appearing in court before a judge who will determine whether the person in question lacks capacity. Then, the person proposed as their guardian must go through training before the court will approve them.

Other Aspects Of Guardianships

Asset planning and protection are especially important as a loved one ages. The elderly are more susceptible to influence by other family members. Aging people may have greater difficulty handling complex finances or large assets. Guardianships are also used to protect an elderly person from falling victim to financial abuse. A guardian will act on the individual’s behalf to obtain the assets to protect them.

Reach Out To Us Today For A Consultation

With law offices in New York City’s borough of Brooklyn, our estate planning attorneys provide thorough and sound legal representation for your guardianship needs, as well as durable power of attorney and living trusts. When you decide it’s time to protect your future, contact The Law Offices of Polizzotto & Polizzotto, LLC at 718-213-4861 or send us an email.