Guardianship Services in New York

We provide compassionate and experienced legal guidance through the often challenging process of establishing guardianship in New York.

Over a Decade of
Experience

New York State Bar Association (NYSBA) Member

Navigate New York State Regulations

Practicing in
Elder Law

About OUR GUARDIANSHIP SERVICES

Work with us for experienced guardianship guidance

At Abraham Mazloumi & Associates, we understand the complexities families face when a loved one becomes incapacitated. Guardianship is a critical area of elder law, providing legal options for protecting those who can no longer make decisions for themselves.

Why is guardianship Important?

Guardianship is a legal process where a court appoints an individual to make decisions for someone who is unable to manage their own affairs.

Guardianship proceedings become necessary when someone is unable to manage their personal, financial, or healthcare affairs due to incapacity, and has not prepared sufficient incapacity planning documents such as a Power of Attorney (POA). In New York, this process requires a thorough understanding of Article 81 of the Mental Hygiene Law, as well as the sensitivity to the family dynamics involved.

In New York State, several statutes govern and determine the type of guardianship proceeding required to appoint a guardian for a particular case. These statutes ensure that the correct legal framework is followed based on the specific needs of the individual and the circumstances of the case.

Our dedicated elder law attorneys provide support and advice throughout every stage of the guardianship process, from the initial petition through ongoing court supervision.

We also assist in the preparation of Advanced Directives (Powers of Attorney and Health Care Proxies) to help avoid the need for guardianship proceedings. Advanced Directives empower individuals to designate trusted agents who will make decisions on their behalf in the event of incapacity. Additionally, we also review existing POAs to ensure they are comprehensive and legally sound.

TYPES OF GUARDIANSHIP

The different types of guardianship

Guardian of the Person

A guardian of the person is responsible for making life decisions such as healthcare, education, and general welfare of the individual.

Guardianships for Minors

We assist with establishing guardianships for children whose parents are unable to provide care, including preparing petitions and representing prospective guardians.

Guardianship for Incapacitated Adults

When an adult lacks capacity, we guide families through petitioning the court, representing proposed guardians, and navigating all aspects of the guardianship process. This includes handling contested guardianships and advocating for the rights of the incapacitated person (AIP).

Guardian of the Property

A guardian of the property oversees the individual’s finances, ensuring proper management and protection of assets. They are also required to file annual accountings with the court and may be subject to bond requirements or need to marshal the individual’s assets.

Personalized guardianship solutions for your family

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YOUR Guardianship OPTIONS

Abraham Mazloumi & Associates guardianship services

Experienced guardianship representation

Abraham S. Mazloumi has extensive experience serving as a court-appointed guardian, court evaluator, and attorney for Alleged Incapacitated Persons (AIPs), providing Abraham Mazloumi & Associates with a comprehensive perspective on the intricacies of these proceedings, including in contested cases.

Guardianships for incapacitated adults

When an adult can no longer manage their affairs due to incapacity, and lacks a valid or sufficient Power of Attorney, guardianship may be necessary. We guide families through the complex legal process, including petitioning the court, presenting evidence of incapacity, and advocating for the appointment of a suitable guardian to protect the incapacitated person’s (AIP) rights, finances, and overall well-being.

Guardianships for minors

If a child’s parents are incapacitated or otherwise unable to provide care, a guardianship can ensure the child’s well-being. We assist with establishing guardianships for minors guiding families through the court process – ensuring the child’s best interests are represented (including guardianships for children with special needs who require ongoing care, financial protection and long term support.)

Guardianship petitions

We prepare and file guardianship petitions, presenting a compelling case to the court to demonstrate the need for guardianship and the suitability of the proposed guardian. Abraham Mazloumi & Associates represent both petitioners seeking guardianship and individuals contesting guardianship petitions.

Ongoing guardianship support

Our team provides ongoing guidance to ensure guardians comply with all legal obligations while acting in the best interests of the incapacitated individual. We assist guardians with fulfilling their duties, including court reporting, financial management, and overseeing the incapacitated individual’s personal and medical affairs.

Challenging a guardianship

Contesting a guardianship involves challenging the necessity of the guardianship or the suitability of the appointed guardian. This legal process requires presenting compelling evidence to the court to end, modify, or request the appointment of a different guardian.

If a guardian is failing to act in the best interests of a vulnerable individual, Abraham Mazloumi & Associates are prepared to advocate on your behalf. With extensive litigation experience, Abraham Mazloumi & Associates build strong, persuasive cases and are fully equipped to protect your interests both in and out of the courtroom.