Category Archives: Guardianship
Guardianship: A Last Resort
When a spouse or a parent begins to show signs of dementia or other memory problems, what are your options to help care for them? One option is provided under Article 81 of New York’s Mental Hygiene Law, which creates a legal relationship between a court appointed guardian and a ward. A ward is a person… Read More »
A Living Will is a legal document in which you state your wishes regarding future health care. While New York State does not have any statutes governing Living Wills, the Court of Appeals, New York’s highest court, has found Living Wills are valid if they provide “clear and convincing” evidence of one’s wishes. Generally, the Living… Read More »
Can A Person With Cognitive Impairment Sign Legal Documents?
When someone begins to exhibit signs of Alzheimer’s or dementia – or perhaps even has a diagnosis of some type of cognitive impairment, they often turn to us – wondering if it’s too late to prepare estate plans and get advanced directives in place. To better understand what can and cannot be done, consider the… Read More »
IS DAD OKAY? THE GRAY ZONE OF ELDER GUARDIANSHIP
Often, clients will inquire about obtaining a guardianship for a parent (or other family member) that they feel may need some oversight. This is usually prompted by what the children view as unsound decisions or unusual conduct on the part of the parent Very often, the parent is resistant to having a guardian appointed believing they… Read More »