A loved one doesn’t lose the ability to make important decisions overnight. Changes often happen gradually, making it difficult to know when extra legal protection is needed. Guardianship can provide that protection when someone can no longer safely manage their health, finances, or daily affairs.
At the Law Offices of Kobrick & Moccia, we help families across Long Island and Westchester, NY, navigate guardianship and elder law matters. President and Senior Attorney Anthony M. Moccia, a member of the Elder Law and Trusts & Estates Section and the American Academy of Estate Planning Attorneys, provides experienced guidance to help families protect their loved ones.
What Is Guardianship?
Guardianship is a legal process that allows a court to appoint someone to make decisions for an individual who can no longer make certain decisions independently. In New York, the court carefully evaluates each situation before granting a guardian the authority to act on another person’s behalf.
Depending on the circumstances, a guardian may be responsible for:
- Managing finances and paying bills
- Making healthcare decisions
- Arranging appropriate living situations
- Protecting assets from financial exploitation
- Handling legal and personal matters
When Is Guardianship Necessary?
Guardianship is usually considered when less restrictive options are no longer enough. Common situations include:
- Alzheimer’s disease or other forms of dementia
- Serious brain injuries or stroke
- Developmental disabilities
- Mental illness affecting decision-making
- No valid power of attorney or healthcare proxy in place
Every case is different, and the court will determine whether guardianship is appropriate based on the person’s abilities and needs.
Is Guardianship the Only Option?
Not always. Many families can avoid guardianship by creating estate planning documents before incapacity occurs. A durable power of attorney, a healthcare proxy, and a trust often allow trusted individuals to manage important matters without court involvement.
When those documents are missing or no longer effective, guardianship may provide the legal authority needed to protect your loved one.
Get Trusted Guidance for Your Family
Questions about guardianship deserve experienced legal guidance. The Law Offices of Kobrick & Moccia help families throughout Long Island and Westchester understand their options and protect those they love.
Call 631-941-3400 today to schedule a consultation and discuss whether guardianship or another legal solution is right for your family’s situation.