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Guardianship & Guardianship Litigation Archives

How is guardianship established for an incapacitated adult?

The general effects of age and time, suffering some types of injuries or developing certain medical conditions may result in physical or mental incapacity for adults. If they have not already legally named a representative to act on their behalf, family members charged with their care may see fit to pursue the authority to handle their affairs. Therefore, it is important for people to understand how guardianship is established for incapacitated adults in New York.

Who should you choose as your child's guardian?

If you are a parent in New York, one of the most important estate planning decisions you make is who will take care of your child if both parents happen to pass away before the minor turns 18. Naming a guardian is challenging and there are many factors that you should consider before making the final pick.

Obtaining guardianship in New York

An estimated 30 percent of people aged 80 and older suffer from dementia and other forms of cognitive impairment. When a person is cognitively impaired, tasks such as following a recipe or paying monthly bills become difficult. Other signs of cognitive impairment include memory loss, failure to recognize familiar people or places and mood or behaviors changes.

Obtaining guardianship and Alzheimer's disease

Alzheimer's disease is truly devastating, especially for the loved ones who are caring for their aging family member. While you desperately may want to step in and intervene and make sure your loved one is safe and getting the best care possible, all too often an adult parent will not be willing to cooperate. Rather, they will refuse the help you are trying to provide and insist on continuing to live their life how they want to - not recognizing the danger they are in.

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