Westchester County Guardianship Lawyers

Guardianships are vital for ensuring the well-being of vulnerable individuals, whether they are children, incapacitated adults, or those with intellectual or developmental disabilities. These legal arrangements provide the necessary structure to address the individual’s personal, financial, and medical needs in a way that prioritizes their safety and dignity. With over 30 years of experience, Littman Krooks LLP serves families in Westchester County by offering the resources and capabilities of a large firm while maintaining the personalized care and attention of a small practice. Our dedicated team works closely with families to address the unique challenges of guardianship proceedings, always striving to provide clear guidance and compassionate support. If you or a loved one is considering guardianship, we encourage you to contact our firm today to learn how we can help you provide the protection and care your family member deserves.

Table of Contents

• What Is a Guardianship?
• Types of Guardianships Our Westchester Estate Planning Attorneys Handle
• 4 Common Reasons for Seeking Guardianship in Westchester County
• The Guardianship Process in Westchester County
• Challenges in Guardianship Cases
• What Are the Reporting Requirements for Westchester Guardianship Cases?
• Are You Interested in Learning More About New York Guardianship Proceedings?

What Is a Guardianship?

A guardianship is a legal arrangement in which a court appoints an individual or organization to make decisions on behalf of someone unable to do so. These decisions include managing finances, making medical decisions, or handling day-to-day needs. In New York, Article 81 of the Mental Hygiene Law governs guardianship for incapacitated adults, while Article 17-A provides guidance for individuals with intellectual or developmental disabilities. These laws ensure the individual’s rights and autonomy are respected while providing necessary protections.

Guardianships are often required for individuals who cannot care for themselves due to age, illness, or disability. According to research from the New York State Office of Court Administration (OCA), over half (59%) of Alleged Incapacitated Persons (AIPs) involved in guardianship cases are 65 or older. Women account for 68% of all AIPs, and many live on limited incomes, with 55% earning less than $20,000 annually. This research was based on a thorough review of cases from 14 counties in New York, representing urban, suburban, and rural communities. In most counties, researchers examined a random selection of 20% of guardianship case files for each year. In rural counties, where fewer cases were filed annually, they reviewed either 100% of cases if there were four or fewer in a calendar year or 30% if there were five or more. Altogether, this analysis included 2,414 guardianship cases, offering critical insight into the demographics and needs of AIPs across the state. These figures highlight the critical role guardianships play in supporting some of the most vulnerable members of our community.

Types of Guardianships Our Westchester Estate Planning Attorneys Handle 

Guardianships come in several forms, each designed to address the specific needs of the individual requiring support. The three primary types are guardianships for minors, incapacitated adults, and individuals with intellectual or developmental disabilities.

Guardianships for Minors

When a child’s parents are unable to provide care due to circumstances such as absence, illness, or incapacity, the court may appoint a guardian to ensure the child’s well-being. Guardians are often tasked with managing the child’s education, healthcare, and daily needs, stepping in to provide stability and support. For instance, guardianship might enable a relative or family friend to assume responsibility for a child whose parents can no longer care for them, ensuring the child has access to school, medical services, and a secure living environment. While these guardianships are frequently temporary, they can be extended as needed to continue meeting the child’s best interests.

Guardianships for Incapacitated Adults

Article 81 of New York’s Mental Hygiene Law governs guardianship for incapacitated adults, addressing situations where individuals can no longer manage their affairs due to conditions such as dementia, Alzheimer’s disease, or traumatic brain injury. According to state data, 41% of guardianship cases cite dementia as the reason for the appointment. In these cases, Guardians are responsible for managing critical aspects of the individual’s life, including finances, healthcare decisions, and personal matters. For example, a guardian might oversee an incapacitated adult’s financial obligations, ensuring that bills are paid on time and assets like real estate are appropriately managed or sold to cover long-term care costs. These responsibilities are essential in providing the support and stability that the individual requires.

Guardianships for Adults with Intellectual or Developmental Disabilities

Under Article 17-A of New York law, guardianships address the needs of individuals with intellectual or developmental disabilities. These guardianships often involve lifelong care and decision-making. For instance, the parents of a young adult with autism sought guardianship to ensure they could continue managing his medical and financial affairs after he reached adulthood. Guardians under Article 17-A play a critical role in ensuring the individual’s rights and needs are upheld throughout their life.

4 Common Reasons for Seeking Guardianship in Westchester County

Guardianships are typically sought to address specific needs, ensuring the well-being and stability of individuals who cannot manage essential aspects of their lives independently. These needs can vary widely but often fall into a few key categories.

1. Property management. This is the most common reason for guardianship, cited in 85% of cases. Guardians may handle tasks such as paying bills, managing real estate transactions, and planning for Medicaid eligibility. For instance, a guardian might oversee the sale of a $350,000 property to fund an individual’s long-term care needs.
2. Healthcare decision-making. Guardianships are often required to manage healthcare decisions, which account for 75% of cases. Responsibilities can include approving medical treatments, coordinating ongoing care, or transitioning an individual into a skilled nursing facility.
3. Mental illness support. Approximately 20% of guardianships are sought to assist individuals with mental illness, ensuring they receive the necessary care and oversight to maintain their well-being.
4. Safety for those living alone. About 22% of guardianship cases involve individuals living alone who require assistance to ensure their safety and access to daily necessities.

These categories highlight the multifaceted nature of guardianship responsibilities. By addressing these diverse needs, guardianships provide critical support to individuals who are unable to manage these aspects of their lives independently.

The Guardianship Process in Westchester County

Guardianship proceedings can be complex, but understanding the steps involved can help families feel more prepared and confident as they move forward. Each stage ensures that the incapacitated person receives the necessary protection and support.

Petitioning for Guardianship

The first step in seeking guardianship is filing a petition with the court. Under Article 81, various individuals or entities can petition for guardianship, including the AIP, family members, or organizations concerned about the AIP’s welfare. The petition must outline the reasons for seeking guardianship and demonstrate the individual’s incapacity to manage their affairs.

Evaluating the AIP’s Needs

Once the petition is filed, the court evaluates the AIP’s needs through evidence, medical evaluations, and testimony. This process ensures that the guardianship is tailored to the individual’s specific requirements. However, while the statute aims for an expedited method of 50 days, data shows the average guardianship proceeding in New York takes 211 days to complete, delaying critical support for vulnerable individuals.

Court Appointment and Oversight

If the court determines that guardianship is necessary, it appoints a guardian and specifies their responsibilities. Guardians must comply with reporting requirements, submitting periodic updates to the court on their actions and the individual’s well-being. These reports are essential for accountability but can be challenging for guardians unfamiliar with legal processes.

Littman Krooks LLP provides comprehensive support to ensure guardians meet their obligations effectively.

Challenges in Guardianship Cases

Guardianship proceedings can present a variety of obstacles, often placing emotional and logistical strain on families and guardians alike. Delays, disagreements among family members, and the demands of meeting legal requirements are hurdles that must be overcome to ensure the incapacitated person receives timely and adequate care.

One prominent challenge is the prolonged timeline of guardianship cases. Although Article 81 aims to resolve cases within 50 days, the reality is far different. On average, guardianship proceedings in New York take 211 days to reach completion. This extended timeline can result from overburdened courts, procedural issues, and unforeseen complications, leaving individuals in vulnerable situations without the necessary support. These delays highlight the importance of proactive planning and skilled legal guidance to help mitigate such setbacks and keep the process on track.

Family disputes are another challenge, mainly when disagreements arise about who should serve as guardians. This is especially true in cases involving significant assets, such as real property or investment accounts. These conflicts can lead to lengthy delays and sometimes require mediation or legal intervention.

What Are the Reporting Requirements for Westchester Guardianship Cases?

Guardians are also subject to strict reporting requirements, which can feel overwhelming without proper support. 

Financial Transactions

Guardians are responsible for maintaining detailed records of all financial activities related to the AIP. This includes tracking expenditures for daily living expenses, healthcare costs, and any legal fees associated with guardianship. Income from sources such as Social Security, pensions, or investments must also be accounted for, with documentation showing how these funds are managed. 

Healthcare Decisions

Reporting on healthcare decisions involves more than listing treatments or appointments. Guardians must provide a comprehensive overview of the AIP’s medical care, including the rationale behind significant decisions like approving surgeries or transitioning to long-term care facilities. This section should also address ongoing care, such as physical therapy, medication management, or any specialized treatments.

Living Arrangements

Guardians must document the AIP’s living conditions, including any changes in residence or housing. This could involve moving from an independent living arrangement to a skilled nursing facility or transitioning to living with family members. Reports must include the reasons for the change, how the new arrangement meets the AIP’s needs, and any associated costs. These detailed reports ensure transparency and accountability, reinforcing the guardian’s role as a protector of the AIP’s rights and well-being.

Although these requirements are essential for accountability, they can create an administrative burden for guardians already managing significant responsibilities. Littman Krooks LLP provides guidance to ensure guardians fulfill these obligations effectively and efficiently.

By addressing these challenges proactively, families can help ensure the AIP receives the care and protection they deserve while reducing the emotional and logistical strain of the guardianship process. 

Are You Interested in Learning More About New York Guardianship Proceedings?

If you have questions about guardianship in New York, the experienced estate planning attorneys at the law firm of Littman Krooks can help. With decades of combined experience helping families navigate this complex and high-stakes area of the law, we know what it takes to ensure your family’s future is protected. To learn more and to schedule a free consultation today, call Littman Krooks at 914-684-2100. You can also connect with our Westchester County guardianship attorneys through our secure online contact form.