An Overview of Guardianship In New York

In the field of elder law, we strive as practitioners to encourage our clients to execute advance-planning documents necessary to appoint trusted persons to act as fiduciaries in the event that our clients become incapacitated. But there is nonetheless a growing population of persons who, through a catastrophic event or through an age-related cognitive decline, have become too incapacitated to make decisions for themselves and have not appointed anyone to act on their behalf, or have appointed someone who is abusing their role.

This program, led by attorneys Fern Finkel and Julie Stoil Fernandez, is designed to teach practitioners interested in elder law and special needs law the essential tools to determine whether to commence a guardianship proceeding. They will also address the nuances and complexities of guardianship litigation, especially contested cases, and effective tools for addressing emergencies which arise during the litigation, such as placement, financing care and enjoining suspected predators from further abuses. 

1. Identify situations warranting a guardianship proceeding
2. Understand the types of relief available to an alleged incapacitated person during and at the conclusion of litigation
3. Recognize the steps of guardianship litigation from inception to post-judgment