Obtaining Court Approval for Guardian’s Actions
When McCarthy Fingar’s guardianship represent guardians, we help them in the necessary processes from gaining court approval for a guardian’s actions on many issues. Our lawyers, all of whom are active members of the Trusts & Estates Law Section and/or the Elder Law and Special Needs Section of the New York State Bar Association, know all-too-well that the appointment of a guardian, is not the last time that our lawyers will need to appear in court. This is true even in uncontested guardianships. Once a person or organization is appointed as someone’s guardian, that person or organization is subject to the continuing scrutiny of the court. The guardian is often given substantial authority to act on behalf of an incapacitated person. That includes, depending on the type of guardianship involved, the power to manage the person’s finances, pay the person’s bills, file tax returns, apply for Medicaid, make health care decisions, and choose where the person will live. However, the powers of the guardian are limited to exactly what the court grants, so anything beyond that requires a guardian to return to court to obtain additional permission to act.
What We Do
When our lawyers represent guardians, we help them in the necessary processes in gaining court approval for a guardian’s actions on many issues, including, but not limited to:
- obtaining permission to sell an incapacitated person’s real estate;
- engaging in estate planning for the incapacitated person to achieve the person’s presumed wishes;
- obtaining financing to pay for assisted living;
- settling lawsuits against the incapacitated person;
- relocating the person to another state; and
- ensuring that a limited term guardianship continues as his or her ward desired and that a guardian has all of the powers that he or she requires to care for the ward properly.
McCarthy Fingar’s guardianship lawyers are here to help guide you through the New York guardianship process. If you have any questions or would like to schedule a consultation, please contact the following: