A guardianship proceeding in Supreme Court for an Incapacitated adult is the last resort. It is one of the most intrusive, expensive, time-consuming and unnecessary civil court proceedings. With proper estate planning, this absolutely can be avoided.
However, if your loved one has failed to engage in proper estate planning, and lacks the requisite capacity to execute a comprehensive durable general power of attorney and health care proxy, the only available option is the commencement of a guardianship proceeding. While the petitioner is generally a spouse or other relative, the court may appoint a third-party to make egal, financial, personal and health care decisions for the Incapacitated person. These decisions may differ from those that the individual would have made if competent.
Guardianship proceedings can become adversarial if challenged by the alleged incapacitated person or other family members. Because of the drastic nature of guardianship, we take very seriously the need for dedicated, caring advocacy in the establishment and administration of guardianship proceedings.
"Wendy came highly recommended through a respected friend and we were immediately convinced that she was the one person we could trust to handle our plans. With refreshing grace and candor she deftly navigated us through the issues.”
~ Alex and Janet Badalamenti