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The Pause Can be Uncomfortable
We’ve worked, maybe raised families, contributed to our communities, built careers, invested, and made plans. Then, slowly—or maybe all at once—we realize that, at this point in our lives, our motivations have changed. We still care about the work we do and the people who need us, but we also feel a pull toward something […]
If a person does not have the mental capacity to sign either a power of attorney or health care proxy, Article 81 guardianship may be appropriate.
While guardianship may be appropriate in certain cases, it is a court-supervised process that can limit an individual’s ability to make decisions. As a result, alternatives are often considered where appropriate.
In most cases, the need for guardianship does not arise suddenly. It develops quietly over time, as small warning signs begin to appear and slowly become harder to ignore.
When a person under the age of 18 is set to receive more than $10,000.00 as an inheritance under an estate, the New York Surrogate’s Court requires that a guardian be appointed to protect the minor’s property interest.
Minors cannot be left assets outright in New York. Minor beneficiaries must inherit in trust. If a minor inherits outright, a guardian must be appointed by the Surrogate's Court.
Guardianship in New York is typically sought in situations where an individual is unable to make decisions for themselves due to incapacity.
The process of appointing a legal guardian can take many months, so it is important to have a U.S.-based or a NY-based guardian to care for your kids.
If you are a parent of a young child, you have probably heard that you should have a will. But do you know why?
Whether it be through New York's Mental Hygiene Law Article 81 or SCPA Article 17-A, it is possible to provide for the needs of vulnerable adults.
