Qualified, Proven New York and Connecticut Guardianship Attorneys
The need for a guardianship petition and guardianship litigation can arise due to a person's serious disability or incapacity. The incapacity may be due to birth injury, other serious personal injury, or a physical or mental illness. Our courts make decisions on the need for guardianship, as well as determine the legal authorities of a guardian to make a full range of financial, health care and other decisions for an incapacitated person.
New York has specific statutes that protect the mentally retarded, Alzheimer's disease and dementia victims, severely handicapped children and the debilitated elderly. According to the Mental Health 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 complex assessment of medical as well as legal issues. Not only do our attorneys and staff have the legal knowledge to represent you in guardianship matters — we value and respect the unique qualities of persons with special needs. We also understand and empathize with caregivers and anyone with a need for guardianship.
Our lawyers, led by partner Gary E. Bashian, have successfully handled many guardianship matters, including representation of:
- 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
- Children filing for guardianship of an elderly parent who has become incapacitated without executing a durable power of attorney or health care proxy
- Family members contesting applications for guardianship
We are also experienced with guardianship litigation involving the use of funds from substantial personal injury and medical malpractice settlements. In some cases, there is a need for a supplemental needs trust, or SNT, a type of trust which can improve the quality of life of disabled infants and adults. Our firm is experienced in drawing and administering legal, valid SNTs.
To discuss your options and need for counsel in a guardianship matter or to discuss related estate planning concerns, contact the experienced attorneys at Bashian & Farber, LLP.
