The need for guardianship petitions and guardianship litigation that can arise due to a person's disability or incapacity is an area we have worked in for decades. The incapacity may be due to an injury at birth, other serious personal injury, or a physical or mental illness or infirmities of the aged. If you are having difficulties with your siblings or as a second spouse or stepchild to a parent or spouse, we have handled many such cases by listening and gathering all the facts to protect you and the incapacitated person or a person who is debilitated from old age or other infirmity.
New York has specific statutes that protect Alzheimer's disease and dementia patients, as well as severely handicapped children. According to the Mental Hygiene Law 81.01, the legal philosophy behind these statutes is based on the concept that "the needs of persons with incapacities are as diverse as the individual."
Evaluating the unique needs of persons with severe, debilitating incapacities requires a careful assessment of medical as well as legal issues. Our attorneys and staff have the legal knowledge and understanding of the medical issues affecting incapacitated persons to represent you in guardianship matters. We value and respect the unique qualities of persons with special needs whether they are infants or older children or adults. We also understand and empathize with caregivers and their needs.
Vast Experience In Handling Guardianship Matters
Our lawyers, led by Partner Gary E. Bashian, Esq., have successfully handled many litigated and nonlitigated guardianship matters, including representation of:
- Family members fighting over who will be in charge of parents' personal needs as well as their properties, monies and assets
- Adult children filing for guardianship of an elderly parent who has become incapacitated without executing a proper durable power of attorney
- Parents of disabled children applying to use guardianship funds for purchase of a specialized, accessible home with sufficient space for the child's medical equipment, staff and therapeutic activities
We are also experienced with guardianship litigation involving the use of funds from medical malpractice settlements. In some cases, there is a need for a supplemental needs trust (SNT), a type of trust that can improve the quality of life of disabled infants and adults. Our firm is experienced in drawing and administering legal, personal Supplemental Needs Trusts and Infant Compromise Trusts. Some guardianships require our experience to present to the court the reasons why the parent guardian requires the use of guardianship assets for extraordinary purposes such as the purchase of a new home and special education and special life expenses or a particular medical treatment.
To discuss your options and need for counsel in a guardianship matter or to discuss related estate planning concerns, contact one of our experienced attorneys.
To schedule an initial consultation with one of our lawyers, call 914-290-4550 or email Bashian & Farber, LLP.