Turnover Proceedings in Guardianship Court
McCarthy Fingar’s guardianship lawyers represent clients in Turnover Proceedings in guardianship court in Westchester and throughout the New York metro region. These are proceedings to force someone to return property belonging to an incapacitated person. People often prey on the most vulnerable of our population. The elderly, the ill, the cognitively impaired and demented, are targeted by strangers and, worse yet, by loved ones. These unscrupulous people have been known to do everything from stealing a person’s home to gaining access to bank accounts and brokerage accounts. Sometimes these people, in their efforts to exploit the weak, persuade their prey to retain lawyers of the exploiter’s own choosing to accomplish their thefts, and have their victims sign legal documents, like deeds or trusts, that they do not understand. Exploiters can also unduly influence the weak and frail, who are often dependent upon them in some manner, to turn over assets to them. Financial exploitation of the weak and infirm is a form of Elder Abuse.
There are other times, however, where the claims of financial exploitation are unfounded, or the law, based on the known facts, is not clear. Sometimes the alleged exploitation was a gift that the incapacitated person knowingly made when he or she had the capacity to do so, or the claim is simply one made by one family member against the other that emanates from years of mutual suspicion or malice.
McCarthy Fingar’s guardianship lawyers represent clients in all courts in the New Yore metro region, including Westchester County.
What We Do
Our lawyers represent guardians bringing on Turnover Proceedings in the guardianship court. We also represent parties who are targets of such proceedings. Our lawyers help to guide our clients through the process. We help them to understand the risks, as well as the expense, of Turnover Proceedings, and, when appropriate, aide our clients in structuring settlements that are satisfactory to both sides.
McCarthy Fingar’s 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: