We assist clients with guardianships on Long Island. Through our years of practice, we have found that our client’s most common goals in obtaining a Long Island guardianship are either (1) to prevent financial abuse of an elderly or ill relative or (2) to carry out a court-imposed guardianship.
Guardianship to Prevent Financial Abuse
Anyone who has an elderly or ill relative can appreciate how their loved one’s day-to-day lives require round-the-clock supervision and care. You have no choice but to rely on home aids or other family members. Although most caretakers have the relative’s best interests in mind, there is no reason to fully trust them with being appropriate it comes to dealing with the elderly or ill person’s finances.
We have dealt with cases where the caretakers abuse the trust of the family and convince the elderly or ill person to transfer or bequeath to them substantial sums of money. Often, the family does not suspect anything until the elderly or ill person’s death or until the caretaker absconds with the money. This is especially true of family that lives out-of-state.
A guardianship is essential in preventing an ill or elderly person from giving away their assets to their caretaker and in securing the family inheritance for future generations.
Guardianship to Satisfy a Court Requirement
Some of our guardianships are obtained to satisfy court requirements. In a personal injury or a medical malpractice lawsuit, some Long Island judges will not allow a mentally incompetent person to settle by themselves. If there is no guardian at the time of the lawsuit, a guardianship needs to be set up.
A guardianship is required in a Long Island estate proceeding when property is inherited by children. This is true even if the other parent is the children’s caretaker. This requirement is there to impose stricter accountability on the children’s parents and to make sure that they answer to the court in managing their children’s property. In a way, it is there to remind the parents that the property does not belong to them, but they are merely managing it for their children. A non-court instance where a guardianship may be required is to enter a skilled nursing facility.
Read more about when our attorneys recommend guardianship. If you are considering a guardianship for your loved one, contact our Long Island guardianship attorneys at (516) 777-0647.