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In New York, a guardian may be appointed to care for the needs of someone who has been determined incapacitated, such as persons with Cerebral Palsy or other severe medical handicaps, as well as accident victims, Alzheimer and dementia patients, and debilitated or disabled elderly persons.

Guardian Responsibilities

A guardian is empowered to make decisions on behalf of the incapacitated person. However, the court will only grant authority to the guardian for decisions that it deems the incapacitated person is incapable of making on his or her own. The guardian has the responsibility to allow the incapacitated person the greatest amount of autonomy possible under the circumstances.

Types of Guardians

There are two types of guardians:

  • Guardian for Personal Needs. Assists with personal care and decisions about personal life
  • Guardian for Property Management. Manages the assets, personal property, real estate, etc. of the incapacitated person

The court may assign one person as a personal and property guardian or two separate guardians, one for personal needs and one for property management.

Guardianship Litigation

We represent clients contesting guardianships, and those initiating such proceedings for incapacitated individuals.

Given our extensive experience in dealing with guardianships, we have acquired both the skills and understanding needed to effectively assist you and the incapacitated person.

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