NY & NC Guardianship Attorney
Assisting Clients With Guardianship Matters in North Carolina & New York
The legal process of guardianship, also known as conservatorship, grants a person the power to make personal, financial, and/or health decisions for a loved one who has suffered reduced capabilities due to illness, disease, age, or disability. Typically, guardianship is awarded when an individual has lost the ability to make or communicate safe or sound decisions regarding himself/herself or their property or has become vulnerable to fraud or undue influence. An individual's rights may be diminished considerably if guardianship is established. For this reason, guardianship should only be considered after other alternatives have proven ineffective.
For experienced guidance from our guardianship lawyer in North Carolina and New York, contact Parisi, Coan & Saccocio, PLLC online to schedule a consultation.
Legal Guardianship Papers
Guardianship can be a difficult and emotional process. In addition to a court proceeding, applications often require additional paperwork such as:
- guardianship waivers from all immediate family members
- affidavits from physicians
More helpful documents include:
- financial records demonstrating potential mismanagement of assets
- expert opinions and statements to underscore the necessity of guardianship based on the individual's condition
- firsthand accounts of activities that indicate signs of incapacity
Other Estate Services We Offer in New York & North Carolina
When Is Guardianship Necessary?
When someone is considered legally unable to make decisions on their financial, medical, or personal matters because of conditions including mental illness, physical incapacitation, or cognitive disability, adult guardianship may be required. The purpose of this legal structure is to protect the assets and well-being of adults who are incapable of making wise decisions for themselves.
The need for guardianship is typically determined through a legal process that evaluates an individual's capacity to manage their own affairs. Suppose it's established that a person lacks the mental or physical capacity to make reasoned decisions about their own care or property. In that case, a guardian may be appointed to act on their behalf.
The specifics of when guardianship is required vary based on individual circumstances, and it's often a complex decision that involves the person's health, safety, and the protection of their assets. Guardianship should be considered when it's clear that an individual can no longer make informed choices and lacks a support system to assist them in decision-making. This process aims to ensure that the best interests of the individual are protected and that their needs are met when they are unable to make choices for themselves.
For skilled counsel, do not hesitate to reach out to our guardianship attorneys in North Carolina and New York at Parisi, Coan & Saccocio, PLLC.
Who Can Be Appointed Guardianship?
The appointment of a guardian is typically made by a court, and the eligibility for a guardian can vary based on state laws and the specific needs of the individual under consideration. In most cases, family members are the first choice to become guardians, as they are often the ones who know the individual best and can provide the most appropriate care and support.
Spouses, adult children, siblings, and other close relatives are often considered suitable candidates for guardianship. However, the court will always prioritize the best interests of the individual in question. If family members are not available, willing, or qualified to take on the responsibilities of guardianship, the court may appoint a professional guardian or a public guardian to ensure the individual's well-being and protection.
Who is Considered Qualified Appointees for Guardianship in New York?
In New York, the court will decide guardianship based on the best interests of the ward. An Article 81 case must be filed by an interested party to prove that the guardianship is necessary.
Parties that may be considered as suitable guardians in the State of New York include:
- The person who is recommended via the will of a deceased parent (in a situation that involves an unmarried child who has been adjudicated as incompetent).
- An individual over the age of 18
- A corporation
- A public agent such as the county Department of Social Services
Consultation with an experienced New York guardianship attorney such as a lawyer from Parisi, Coan & Saccocio, PLLC is recommended for such delicate matters.
Qualified Appointees for Guardianship in North Carolina
Any person over the age of 18 may apply for guardianship if they have concerns for the welfare of another person. This can even involve a person asking to be placed under guardianship. A non-profit agency may also serve as a guardian in certain circumstances, as well as a local Department of Social Services.
Otherwise, the selection of a guardian is primarily determined by the guardian's willingness, capacity, and suitability to satisfy the unique needs of the incapacitated person as well as their dedication to working in the person's best interests. In the end, the court's ruling is founded on a careful assessment of each person's particular needs and circumstances.
What is the Cost of Guardianship?
Guardianships that are uncontested typically cost a minimum of $7500.00, while more complicated contested Guardianships can cost significantly more. Fees and costs may often be paid out of the ward’s assets and income.
When you need a New York guardianship lawyer that you can trust, contact Parisi, Coan & Saccocio, PLLC, for experienced legal counsel. We provided legal representation to clients seeking a guardianship attorney in New York & North Carolina.
Uncontested vs Contested Guardianship in New York & North Carolina
Contested guardianships in North Carolina and New York can occur when a family member opposes the appointment of a guardian or has reason to believe an existing guardian is not fit for the role.
Contact Our Guardianship Lawyers in NY & NC Today
When you need an experienced lawyer to help you navigate guardianship or conservatorship in North Carolina or New York, contact Parisi, Coan & Saccocio, PLLC, today. Visit our attorney reviews to see why clients choose our law firm when they're looking for the best guardianship lawyers near them.
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Our Results
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Business Ownership Returned to Brother!
PCS took a hard fought and very complex case to a 4-day trial and won full ownership of corporate stock for our client. The issue revolved around a brother’s claim that he had been given or bought a 50% ownership interest in the corporation. At odds were the testimony of the ... -
Client Won Custody Dying Without A Will
As many of you may know legendary singer/songwriter Aretha Franklin died in 2018 without leaving a will. Other wealthy celebrities such as Prince have done the same. This can lead to many types of unwanted consequences. As an example, the T&E department at PCS is currently ... -
Son Must Repay Mother’s Estate Estate Case
A local man and his then-wife used undue influence on his elderly mother to clean out the woman’s bank accounts before she passed away, a Schenectady County Surrogate’s Court ruled this week. The verdict, in a case brought by the woman’s two other sons, means the man and his ... -
Brothers Inheritance Restored Estate Dispute
After much litigation including more than a dozen depositions, obtaining numerous medical records and various other relevant documents, expert medical testimony, and the beginnings of trial preparation, an estate dispute was settled on behalf of our client for $700,000. Our ... -
Daughter Settles Dispute Favorably Estate Matter
On the day of trial our client successfully resolved an estate matter whereby she received 60% of available funds of the estate. Interestingly, the case involved an admission by both brother and sister that their father had upwards of $200,000 in cash at the time of death (a ...
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Over 65 Years of Experience
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Personalized Guidance From Start to FinishWe are very selective about the cases we take on to provide you with the highest quality representation.
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Attorneys and Certified Public AccountantsUnique knowledge for accountings, tax laws, asset valuations and complex estates.
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Exceptional Estate and Trust Law ExperienceOver 65-years collective experience in estate and trust planning, administration, litigation, and guardianship.
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