What You Need to Know About Elderly Guardianship

Posted on by admin

 

If you have an elderly person in your life who is no longer able to care for himself or herself, there are some legal things to consider.

Elderly guardianship, or elderly conservatorship, is a legal term for a relationship between a court appointed individual caring for an elderly person who is no longer able to do so for himself or herself.

An appointed guardian has certain duties and responsibilities to the elderly person, so it’s wise to get educated on the process and the factors to consider.

Here are some things you need to know about Elderly Guardianship, when to consider it and how to get it:

When an elderly person becomes unable to care for himself or herself, which could include not remembering to take necessary medications, maintaining regular hygiene, or properly managing finances, it may be in his or her best interest if a court appoints a guardian.

Different states have different guardianship processes and requirements, but generally speaking, the following people or entities can petition a court to designate a guardian for elderly conservatorship:

• The elderly person
• A spouse or domestic partner of the elderly person
• A relative of the elderly person
• A friend of the elderly person
• A state or local government agency

As far as the duties and responsibilities of a guardian, they all start and end with that the guardian putting the interests of the elderly person first. They may include deciding where the elderly person will live, how to keep the elderly person as healthy as possible, how to prepare a budget based on the elderly person’s finances, and how to handle recreation and social contact.

The elderly guardianship process can be extensive and complex. This is understandable, since this means the elderly person will lose some vital rights and have his or her care entrusted to another person.

The process usually involves the following:

• Filing a Petition for Appointment of Conservator form
• Informing the elderly person, along with his or her relatives, of the petition for guardianship
• A court investigator determining whether the proposed guardianship is necessary
• A court hearing so the judge can review the guardianship petition and determine whether the elderly person lacks the ability to care for himself or herself, and decides whether to grant the petition

Guardianship petitions are usually expensive, and can involve numerous forms to fill out, many procedural requirements, and several court hearings – and become even more complex and with significant consequences if there’s any opposition to a proposed guardianship.

Depending on the state you live in, possible alternatives to elderly guardianship include:

• Living Trust
• Representative Payeeship
• Power of Attorney
• Standby Guardianship

All of these possible alternatives involve the elderly person willingly assigning his or her rights to another person, but if he or she is unable to do so because of mental incapacity, they are no longer available.

If you’re considering an elderly guardianship for yourself or for a loved one, or if you’re thinking about serving as a guardian, you should consult with an experienced and trustworthy lawyer.

When searching for top New York State and New Jersey real estate law firms, trust the Levin Law Group to assist you with a wide spectrum of residential and commercial real estate transactions.

We invite you to contact us today and receive a free consultation with our skilled and dependable wills and estate attorney and probate attorney.

This entry was posted in Blog. Bookmark the permalink.

Brooklyn Office°

2620 E. 18th Street, Suite 2
Brooklyn, NY 11235
(718) 989-9629

Bronx Office*

2010 Williamsbridge Rd.
Bronx, NY 10461
(347) 923-3880

Dutchess Office*

42 Catherine Street
Poughkeepsie, NY 12601
(845) 208-9238

Manhattan (Downtown)*

222 Broadway, 19th Floor
New York, NY 10007
(212) 365-0934

Manhattan (Harlem)*

8 W 126th Street
New York, NY 10027
(212) 365-0934

Nassau Office*

225 Franklin Avenue, Suite 325
Great Neck, NY 11021
(516) 558-0045

Putnam Office*

Use Rockland, Dutchess or
Westchester Office
(845) 208-9238|

Queens Office*

3537 36th Street
Astoria, NY 11106
(718) 554-5652

Rockland Office*

3 E Evergreen Road
New City, NY 10956
(845) 208-9238

Staten Island Office*

307 Sand Lane
Staten Island, NY 10305
(718) 554-5687

Suffolk Office*

445 Broad Hollow Rd., Suite 25
Melville, NY 11747
(631) 306-0057

Westchester Office*

199 Main Street, 4th Floor
White Plains, NY 10601
(914) 274-2045

Essex Office*

16 Orange Street
Bloomfield, NJ 07003
(973) 528-0285

Disclaimer

° Principal Office
* By Appointment Only

Monmouth Office*

50 US Highway 9 North 125
Morganville, NJ 07751
(732) 474-6410

  Contact Us
close slider

Please fill out the contact form below or scroll down for a list of our addresses, phone numbers and email address.

Contact Us
First
Last

OUR CONTACT INFORMATION

CALL US TOLL FREE: (800) 517-5240
EMAIL US: info@ylevinlaw.com

Our 13 office locations are listed below.  We have 11 offices in New York (6 offices in New York City, 2 in Long Island, 3 in Lower Hudson Valley) and 2 offices in New Jersey.

NEW YORK CITY

BROOKLYN OFFICE°°°
2620 E.18th Street, Suite 2
Brooklyn, NY 11235
(718) 989-9629

BRONX OFFICE***
2010 Williamsbridge Rd.
Bronx, NY 10461
(347) 923-3880

MANHATTAN OFFICE (DOWNTOWN)***
222 Broadway, 19th Floor
New York, NY 10007
(212) 365-0934

MANHATTAN OFFICE (HARLEM)***
8 W 126th Street
New York, NY 10027
(212) 365-0934

QUEENS OFFICE***
3537 36th Street
Astoria, NY 11106
(718) 554-5652

STATEN ISLAND OFFICE***
307 Sand Lane
Staten Island, NY 10305
(718) 554-5687

LONG ISLAND

NASSAU COUNTY OFFICE***
1225 Franklin Avenue, Suite 325
Great Neck, NY 11021
(516) 558-0045

SUFFOLK  COUNTY OFFICE***
445 Broad Hollow Rd., Suite 25
Melville, NY 11747
(631) 306-0057

LOWER HUDSON VALLEY

DUTCHESS COUNTY OFFICE***
42 Catherine Street
Poughkeepsie, NY 12601
(845) 208-9238

ROCKLAND COUNTY OFFICE***
3 E Evergreen Road
New City, NY 10956
(845) 208-9238

WESTCHESTER COUNTY OFFICE***
199 Main Street, 4th Floor
White Plains, NY 10601
(914) 274-2045

NEW JERSEY

ESSEX COUNTY OFFICE***
16 Orange Street
Bloomfield, NJ 07003
Telephone #: (732) 474-6410

MONMOUTH COUNTY OFFICE***
50 US Highway 9 North 125
Morganville, NJ 07751
(732) 474-6410

°°° Principal Office.
*** By Appointment Only. Office space shared with attorneys or rented from non legal-professionals.