Care and Placement

McCarthy Fingar’s guardianship lawyers know that the care and placement of an incapacitated person are critical issues for a New York guardianship. Indeed, there are very few issues in a guardianship as important as where the incapacitated person lives. Sometimes, living at home brings to the incapacitated person a sense of independence and community engagement. As Dorothy in the Wizard of Oz said, “there’s no place like home.” Yet, as people grow older and their health worsens, our guardianship lawyers know that the care plan in place during the guardianship may need to change. An incapacitated person may have originally been able to live at home with aides, but because of worsening health, may need to be placed into a nursing home. 

What We Do

While a Personal Needs Guardian (the person placed in charge of the health and placement of an incapacitated person) is often granted expansive powers by the court, certain decisions as the care and placement of an incapacitated person cannot be made without obtaining prior court approval. For example, placing a person into a nursing home cannot be done without prior court approval.

McCarthy Fingar’s guardianship lawyers help clients navigate what they can and cannot do as guardians for incapacitated persons absent court approval. When court approval is necessary, our lawyers develop all of the facts and prepare an application for filing with the Court so that the right decision is made as to the proper residential setting for an incapacitated persons.

Contact Us

McCarthy Fingar’s guardianship lawyers are here to help guide you through the critical issues of care and placement of an incapacitated person. If you have any questions or would like to schedule a consultation, please contact the following:

Gail M. Boggio by email ( or phone (914-385-1026), or

Michael S. Kutzin by email ( or by phone (914-385-1021).

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