October 2021

A guardian has been appointed for you. What happens if you don’t like your guardian? Guardianships, or conservatorships as they are referred to in some states, have come under intense scrutiny in light of the Britney Spears conservatorship. There are numerous elements to Spears’ conservatorship to explore, including requesting authority to hire an attorney, removing a guardian, and ending a guardianship.

In New York, a person who is the subject of a guardianship proceeding commenced under the Mental Hygiene Law is referred to as the Alleged Incapacitated Person (“AIP”). A guardianship must be tailored to the individual needs of the AIP by considering the personal wishes, preferences, and desires of the person. In New York, there is a very high standard to meet to persuade a court to remove a guardian. Mental Hygiene Law §81.35 states that a “court appointing a guardian may remove such guardian when the guardian fails to comply with an order, is guilty of misconduct or for any other which to the court shall appear just.”




Bernard A. Krooks, JD, CPA, LLM, CELA, AEP® (Distinguished), Amy C. O’Hara, Esq., and Marion M. Walsh, Esq., partners in the law firm Littman Krooks LLP, have been named as top attorneys in New York for 2021 by Super Lawyers magazine. In addition, Stephanie L. Goldstein, Esq., and Arshi Pal, Esq., have been named Rising Stars by Super Lawyers magazine.

Their selection is the result of a rigorous, multi-step selection process based on peer recognition, professional achievement as well as independent research on each candidate. Only five percent of the attorneys in New York State earn this distinction.
Littman Krooks LLP
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