What is estate planning? 
Estate planning is managing the accumulation and disposition of an estate. Most often, the intent of estate planning is to minimize taxes and maximize the transfer of wealth to the intended beneficiary. Wills, trusts, powers of appointment, powers of attorney, health care proxies, and living wills can all be used in planning your estate. Brooklyn Guardianships
None of us want to experience this, but it happens—our elderly parents or family members lose their ability to care for themselves and make decisions about health, finances, or property. It becomes necessary to take guardianship for them and their affairs. However, the Brooklyn guardianship laws of New York are complex. It is not as simple as just taking over bills and taking this family member to the doctor. And what should be a quiet, confidential process may end up involving courts and third parties in determining who is best suited to become a person's guardian.
The Brooklyn elder law firm of Alfred Odom can help individuals and families living in Brooklyn and Queens with guardianship laws. Our Queens estate planning lawyers can inform you of your rights, the rights of the Alleged Incapacitated Person (AIP), about the process of becoming a guardian under New York laws, and how to limit the power of the courts over your loved one's guardianship.
Guardianship laws in Brooklyn and their process
The state of New York established guardian laws to protect the elderly from abuse of power by those who are charged with their care. This law and its statutes come under the Mental Hygiene Law (MHL). The process can be complex and it is highly recommended to obtain the services of Brooklyn elder law attorney Alfred Lunard Odom, who is experienced in these matters and specifically practices guardianship law in Brooklyn and Queens, New York.
The process of guardianship is a private and sensitive family matter to you, but once the courts are brought in and this is the only way for you to attain guardianhip, your private affair may quickly involve many parties in the process:
- Petition. This petition outlines who you believe is incapacitated—the AIP—and what the person's limitations or incapacities are.
- Notification. The court and petitioner must notifiy all relatives, including brothers and sisters. It is also necessary to notify third parties such as nursing homes or other agencies including the Mental Hygiene Legal Services, a state agency whose purpose is to safeguard the rights of residential patients.
- Appearance. The AIP must appear in court before the judge. The judge must determine the necessity of signing an order showing cause as to why appointment of a guardian is not necessary. The court appoints a specially trained evaluator to meet with the AIP and determine his ability to care for his health and finances. If the evaluator determines a guardian is necessary, the court must determine the powers of that guardian.
Having a Brooklyn elder care attorney at this point may preclude the necessity of a court appointed evaluator. A decision of guardianship under New York laws can only be reached after a hearing. The evidence of incapacity must be clear. And it must be convincing that the AIP is likely to suffer harm due to his or her inability to provide for his own personal needs and/or property management and cannot understand the consequences of his inability.
Even when a court order is provided, the statutes indicate that the power of guardianship must be the least restrictive form of intervention and must only apply to the level of incapacity. Guardianship under state statutes is limited in power to personal needs and property management. Even though a person may be given legal guardianship of a loved one, there is still training and education, documents of commission, and ongoing reports that must be filed with the courts.
It is important to understand that if there is a previous New York, Brooklyn or Queens estate plan in place and you are already working with an elder law attorney, this process can be shortened and the power of the courts regarding guardianship limited. The laws of guardianship for those living in Brooklyn and Queens establish a complex process. It is best to seek the advice and counsel of an experienced elder law attorney when you need to assume guardianship of a family member.
Experienced and caring legal assistance
Contact us online or call (866) 570-9638 to get started planning your own later life, or for help with the laws affecting your older relatives.
