A Long Island conservatorship attorney can provide assistance with the process of having a guardian or conservator named or with the process of fulfilling your role as a guardian or conservator. There are many circumstances in which a conservatorship may become necessary but, in general, it is best for all parties if the need for conservatorship is avoided.
Mark S. Eghrari & Associates, PLLC can provide assistance with the creation of an incapacity plan so no guardian or conservator should be needed. This needs to be done while of sound mind. If your loved one is no longer able to act on his own, we can also help you to pursue a guardianship or conservatorship in the Surrogate’s Court in New York that will preside over these types of cases. It can be a very difficult situation when your loved one has become incapacitated and you need to ensure that a guardian or conservator is appointed but we will make the process as simple and easy for you as possible. Give us a call today to find out more about how we can help when a situation arises where a guardian or conservator needs to be named or read on to learn why a conservatorship may be necessary.
Why is Guardianship Or Conservatorship Necessary?
Naming a guardian or conservator may become necessary in circumstances where a person is no longer able to make decisions on his own or communicate those decisions. If a person has become physically or mentally incapacitated and can no longer manage his or her own assets or affairs, then going to court to get a guardian or conservator named would be necessary in these circumstances.
For example, if a loved one in your family developed a severe mental illness and could no longer act rationally, you may need to go to court to get a guardian or conservator named to make decisions about your loved one’s care and to get the legal authority to manage your loved one’s assets. Likewise, if your loved one began to suffer from severe problems caused by physical health issues that prevent him from communicating or making rational decisions, your loved one might need a guardian or conservator.
The need for a guardian or conservator to be appointed can be avoided through the creation of an incapacity plan. When an incapacity plan is put in place, the plan’s creator acts before he or she becomes too sick to make informed choices or to communicate those choices. The creation of the incapacity plan puts documents and tools in place establishing what would happen in the event of incapacity. For example, an incapacity plan will typically include a power of attorney to specify who should have general authority to manage the incapacitated person’s affairs. A healthcare proxy should also be named, which may or may not be the same person granted the general power of attorney.
When an incapacity plan is made in advance, this is generally better for all parties than in circumstances where a guardian or conservator has to be named. Before the court names a guardian or conservator, a hearing usually has to be held to determine if the incapacitated person is actually incapacitated, which can be painful and difficult for family. The court will also appoint a guardian or conservator without knowing who the incapacitated person would have preferred. If you don’t want this outcome and would prefer to have a say in who acts for you when you cannot, you should make sure to make an incapacity plan right away.
Getting Help from a Long Island Conservatorship Attorney
A Long Island conservatorship attorney at Mark S. Eghrari & Associates, PLLC can provide the personalized help that you need if your loved one is incapacitated and a guardian or conservator needs to be appointed. We can represent you in Surrogate’s Court to help you make a convincing case regarding why you need a guardian or conservator appointed and why you are the right person to fulfill this important role. We can also provide assistance in making an advanced incapacity plan so conservatorship will not be needed if something should happen to you.
To find out more about how our firm can help with all legal issues related to guardian or conservator, join us for a free seminar. You can also give us a call at (631) 265-0599 or contact us online at any time for personalized one-on-one advice about the guardianship or conservatorship issues affecting your family.
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