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When people think of estate planning, they usually think of the elderly or people in white clothes playing tennis on their massive estates in the Hamptons. Both the elderly and the super wealthy need estate plans, but so does everyone, especially parents with young children.  Estate planning consists of planning…

A power of attorney is a very interesting and possibly powerful document. The document gives a person you choose, your agent, the power to act for you.  The powers given to the agent can be incredibly broad or very specific. For instance, you can narrowly tailor an agent’s power to…

An important case has recently been decided and should be thoroughly reviewed by those who practice Article 81 Guardianship.   In a bitterly split panel of the Appellate Division,  First Department, the majority affirmed sanctions imposed on an attorney in an Article 81 guardianship hearing.  The majority, however, reduced the amount…

You have now been appointed as Guardian of the Person and/or Property in New York. You have participated in the hearing and have been told by the judge that you will be acting as Guardian for the incapacitated person. Listed below are steps which must be taken to qualify as…

Eleanor Roosevelt once said, “Today is the oldest you’ve ever been, and the youngest you’ll ever be again.” Unfortunately, no one has found the cure for aging and as we get older our bodies and mind can begin to deteriorate. A guardianship is a legal proceeding commenced by a loved one, nursing home,…

The Guardianship proceeding can be difficult to understand. There are many different participants in the Guardianship proceeding. The first participant is called the petitioner. This is the person that starts the guardianship proceeding. Many times this is a concerned family member who wants to take care of an Elderly parent’s…