A Guardianship Proceeding may be required for an individual who is unable to make personal or financial decisions. Typically the Guardianship is required where the individual did not or would not execute a valid Durable Power of Attorney when they did possess capacity.

The Court requires information as to the need for a Guardianship, the limitations of the individual, certain family information and information as to finances.

Once appointed by the Court, a Guardian collects the individual’s assets, expends funds to meet the needs, takes the necessary steps to safeguard the individual’s property. With Court approval, the Guardian may apply for Government programs such as Medicaid. The Guardian is granted powers so that proper living arrangements are made.

A Separate type of Guardianship referred to as a 17-A Guardianship may be instituted for an individual who is mentally retarded or developmentally disabled. This proceeding is brought in to Surrogate Court and may be brought for a minor.

Our office can help you decide the type of Guardianship which is most appropriate relating to your facts and circumstances and represent you in the proceeding.

Special Needs & Supplemental Needs Trusts

Where a family member such as an adult child is under disability, our office can help you in preparing a Trust. When the assets of the disabled individual Under 65 are placed in a properly drawn Special Needs Trust, the individual may receive Governmental Benefits without having to first spend down the assets to impoverishment levels. Upon demise, the amount paid by Social Services is paid back to them. However during lifetime the amounts in the Trust may be utilized for purchase of items, which the Government does not provide, that are intended to enhance the quality of life of the disabled individual.

If you wish to leave assets by your Will or Trust to an individual who is disabled, you may do so by a Supplemental Needs Trust. The individual still receives all Government benefits without a spend down. The amounts in the Trust are NOT paid to Social Services upon demise. Any assets remaining in the Trust upon demise are passed on to your designated beneficiaries.