GUARDIANSHIP LAW
The attorneys at Midwin Charles & Associates LLC have handled [dozens, hundreds…] of legal guardianship cases over the years. In a typical New York City guardianship case, our attorneys commence proceedings under Article 81 of the Mental Hygiene Law. This law authorizes the court to appoint a legal guardian when the following conditions are met: (a) the appointment of a guardian is necessary to provide the management for someone else’s financial and/or property dealings, or their personal affairs (b) the individual receiving a guardian agrees to the appointment or is incapacitated An Article 81 guardianship is highly individualized. A finding of incapacity is made by the court and the attorneys at Midwin Charles & Associates LLC can advise you on how a court may evaluate your specific situation. Our attorneys can also guide you through the Article 17 guardianship process, designed to protect: (a) minors whose parents are unable to care for them or have passed away (b) minors who inherit more than $10,000 (including property) (c) individuals over the age of 18 who are intellectually or developmentally disabled under the Surrogate’s Court Procedures Act Understanding that appointing a guardian is a critical, and sensitive personal decision, our attorneys have years of experience handling these matters and can utilize the right legal tools to achieve you and your family’s personal goals. For further information about guardianship, please contact our law firm at 212-520-6202, to schedule an initial consultation.
MC&A recently conducted a webinar on Elder Care Law and COVID-19 during which we discussed power of attorney, health care proxy, and guardianship. Contact us at 212.520.6202 for a copy of the materials from the webinar. |