Hiring a Smithtown guardianship attorney is important if you need to go to court in order to get a guardian or conservator named. It can be difficult sometimes to determine if the time has come when your loved one is no longer able to manage his or her own affairs and you need to have a guardian appointed. Mark S. Eghrari & Associates, PLLC can provide you with assistance in determining if you should take legal action to have a guardian named to manage your loved one’s affairs.
Mark S. Eghrari & Associates, PLLC provides assistance in understanding the rules surrounding guardianship and conservatorship and we can also help you to handle filing court paperwork and presenting your case in court. You should give us a call to find out more about the assistance that our legal team can offer you when guardianship issues arise.
When is it Time to Hire a Smithtown Guardianship Attorney?
Sometimes, it is very obvious that your loved one cannot manage his own affairs or make his own decisions any more. If a serious illness or injury has rendered your family member unable to speak or unable to form and express opinions, this is a clearcut example of a time when a guardian or conservator needs to be appointed. In these cases, the process of going to court in order to get a guardian or conservator appointed can be more streamlined because it will be easy to prove that your loved one isn’t able to manage his own assets and affairs. Of course, the court will still need to see information and evidence regarding who is best suited to be a guardian, so it is still important that you have a lawyer to help you at the court hearing in proving who the most appropriate guardian will be.
There are other times when it is more difficult to tell if a guardian or conservator needs to be appointed or not. For example, if your loved one begins to suffer from mental incapacity caused by dementia or other serious problems, he or she may not necessarily think that someone needs to be appointed to make decisions on his behalf. If it is unclear whether your loved one is fit to handle his own affairs or not, a capacity hearing will have to take place in which a determination is made regarding whether your loved one is in fact in need of a guardian or conservator. If the court determines your loved one lacks capacity, then he or she can be named a ward and a guardian can be appointed.
Of course, in any situation, guardianship proceedings would not be necessary if the person who was incapacitated had put an incapacity plan in place before becoming too sick or hurt to manage his own affairs. For example, if someone has named an agent using a power of attorney, the agent can take over making decisions and managing assets and the court will not have to appoint a guardian.
Getting Help from a Smithtown Guardianship Attorney
At Mark S. Eghrari & Associates, PLLC , we know that it can be very stressful when your loved one becomes incapacitated and unable to act on his or her own accord to manage his own affairs. We will work with you to make the process of dealing with this difficult situation as simple and easy as possible. We can help you to understand when a guardian or conservator can be appointed, can assist you in filing court paperwork, and can appear with you at a court hearing to make a compelling argument for why a guardian or conservator needs to be appointed and who your chosen guardian should be.
To find out more about the ways in which our firm can help you with legal issues related to guardianship, join us for a free seminar. If you are ready to get personalized help and advice with guardianship proceedings, give us a call at (631) 265-0599 or contact us online today.