Those who are unable to take care of their own needs and manage their own personal and financial responsibilities are legally considered “incapacitated.” The law allows for an agency relationship to exist in which one person will take a guardianship role over an incapacitated person, making all crucial personal and financial decisions.
Guardianships are great tools for those who truly need them, but they do involve a tremendous loss of freedom and personal autonomy. It is crucial to work with an experienced guardianship attorney to get the help you need while making guardianship decisions. Attorney Deborah S. Ball and her staff provide this help. With offices in Manhattan and Queens, we also serve clients in Brooklyn, lower Westchester, Nassau County and the entire New York City metropolitan area.
Types Of Guardianships In New York
Deborah S. Ball represents clients regarding two main types of guardianships: the Article 81 guardianship, which is the guardianship for incapacitated elderly people, and Article 17-A guardianship, which is a tool for special needs planning for children who are reaching adulthood.
The Article 81 Guardianship
Article 81 is the elder law guardianship. When elderly relatives become incapacitated, they need others to take of their decision-making needs. The Law Offices of Deborah S. Ball represents clients in all manner of Article 81 guardianship issues:
- Establishing or contesting incapacity: A valid guardianship requires that the proposed ward (the person who will receive a guardian) be found incapacitated. He or she must have some cognitive or physical disability that causes the ward to truly need someone to manage his or her property. Attorney Ball represents petitioners and respondents who are trying to establish or contest the finding of incapacity required for a valid guardianship.
- Compliance and accounting for guardians: Guardianships involve stringent accounting responsibilities and fiduciary duties. The Law Offices of Deborah S. Ball helps guardians comply with these rules and with any regular accounting needs they have as guardians.
The experience of this firm in the area of guardianship law comes from private clients as well as from a strong commitment to public service. In addition to working with private clientele, attorney Deborah S. Ball receives court appointments to take on guardianship positions on a regular basis.
The Article 17-A Guardianship
Article 17-A is a method of special needs planning for special needs children who are reaching adulthood. If a child lacks the mental capacity to take on adult responsibilities, an Article 17-A guardianship can be established, in which a guardian is named to take care of the ward’s decision-making needs. The court acts with the guardian in decision making and obtaining necessary benefits for the ward.
The Law Offices of Deborah S. Ball represents Article 17-A guardians regarding establishing guardianships, compliance and accounting, and obtaining the benefits that the ward will need to compensate for his or her disabilities.
Our Attorneys Are Here For Your Family
To speak with an experienced guardianship lawyer, call one of the firm’s New York offices or email the Law Offices of Deborah S. Ball.
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