Hudson Valley, New York, Guardianship Attorney
A guardianship may be an appropriate device when you have a problem that you do not have the authority to solve. If your spouse, or an elderly parent or grandparent is incapacitated, unable to make financial decisions or pay bills, a guardianship gives you power of attorney to handle the financial affairs of your loved one. At Francello & Van Benschoten, we have experience representing clients who are seeking guardianship over a spouse, parent or loved one, as well as individuals seeking to defend against an imposed guardianship.
A guardianship is a critical tool to ensure that your loved one is cared for and that finances are properly managed. Contact us to learn more about guardianships and power of attorney.
Our elder law attorney and staff are experienced in filing guardianships, and can assist you in collecting proper evidence or consent to secure either a voluntary or involuntary guardianship.
A guardianship may be appropriate if:
- Your loved one is unable to manage finances or pay bills and you want access and control of finances so that you can help.
- Your loved one fails to take medicine or eat healthfully and is not getting proper care at home or they cannot be alone.
- You want to help a loved one that has a physical incapacity, mental incapacity, or disabilities that render them unable to manage finances or handle their own care.
- A loved one needs professional medical care or a nursing home. A guardianship could provide you with the financial assistance necessary for care needs.
- You are interested in helping a loved one manage finances, handle estate planning or medical care needs and they will not give you consent or access, even if they are unable to make decisions.
- Your loved on is in the hospital and the hospital will not discharge them and allow them to return to his or her home. You need guardianship to ensure adequate medical attention at a nursing home or care facility.
Involuntary guardianship
Even if your loved one does not give consent to the guardianship, the court has the power to determine that a person is unable to see the harm they are causing themselves. A court can enforce a guardianship by having someone put in a nursing home against their will or give another person power over financial decisions. While this process can be difficult and there are many safeguards to protect the legal rights of an elderly or disabled person, it is possible to impose a guardianship if the court determines that the person is unable to handle financial affairs or personal care. If you are interested in filing for guardianship, and you may have to do so without consent, we can assist you in collecting necessary evidence.
Let us help you prepare for any challenges that the future may hold. Our lawyer and staff are available for evening or weekend appointments and can make home, hospital or nursing home visits as necessary. Contact us today for a free consultation with an experienced Hudson Valley, New York, attorney.
