Commencing a Guardianship Proceeding and Defending Against One
McCarthy Fingar’s guardianship lawyers are experienced in representing clients in commencing a guardianship proceeding, and in defending against them. In many cases, families unite to help loved ones in need of assistance, and the process, while formal and with numerous technical requirements, is not unduly painful. In other cases, however, family and friends disagree about whether a person needs a Guardian. Indeed, sometimes the person for whom the guardianship is sought (the “Alleged Incapacitated Person” or “AIP”) does not believe that it’s necessary); or there is a dispute about who should serve as Guardian. When a guardianship is contested, the crux is often about whether someone is abusing or exploiting the AIP and whether the AIP needs to be protected from that person. These contested guardianships are challenging and, when resolution cannot be achieved short of a court hearing, they are almost always highly contentious.
What We Do
In either a contested or an uncontested guardianship proceeding, however, parties need experienced counsel to represent their interests. McCarthy Fingar lawyers, all of whom are active members of the Trusts & Estates Law Section and/or the Elder Law and Special Needs Committee of the New York State Bar Association, are experienced in representing clients in commencing Guardianship proceedings, and defending against them. When it is possible, we help to structure resolutions, to avoid the need for contentious family dramas to be played out unnecessarily in a courtroom. Through hearings and through negotiated resolutions, our lawyers have achieved desirable results for our clients, be they Petitioners (the persons requesting guardianship), AIPs, or Cross Petitioners (persons either opposed to the Guardianships, who is being nominated as Guardians, or the powers being sought).
McCarthy Fingar’s guardianship lawyers are here to help guide you through the guardianship process. If you have any questions or would like to schedule a consultation, please contact the following: