New York Estate Planning & Elder Law BlogGUARDIANSHIP CAN BE VACATED As this blog has discussed in some detail in the past, Adult Guardianship is a complicated area of the law, dealing with many sensitive issues of personal power, ability and basic competence. On a very basic level, guardianship is a judgment that is entered by a Court, which allows one person […]
Search Results for: GUARDIANSHIP
SINGLE PARENT ESTATE PLANNING – STANDBY GUARDIANSHIP SUBSTITUTE FOR CUSTODY ORDER
In today’s society it is common, to say the least, to have a single parent household. Most of the time the parents are divorced or simply not together and one of the parents is less hands on than the other. Perhaps this is a because of distance, as the other parent may live quite some […]
Casey Kasem’s Daughter Fights for Guardianship Laws
The daughter of the late iconic radio DJ, Casey Kasem, is fighting for new guardianship laws that would prevent future instances of elder abuse and neglect similar to what her father endured in his final days. Kerri Kasem has gone on record as saying that she feels like her father’s death could have been prevented […]
Nursing Homes Can File for Guardianship to Collect Debts
Few people realize that nursing homes can file for guardianship over their elderly or disabled residents in order to collect on unpaid debts. Even fewer experts have done research on how often nursing homes initiate proceedings or track their progress through the courts. However, what research has been completed on nursing home guardianships show that […]
Nursing Homes Filing for Guardianship to Collect Debts
Few people are aware that a nursing home has the power to file for guardianship over its residents. Because guardianship cases are difficult to gain access to or track through the court system the rate at which this occurs is difficult to ascertain. However, research is emerging that shows that this practice is becoming routine […]
More States Showing Support for Uniform Adult Guardianship Act
The Massachusetts Senate just passed through a bill adopting the model set of rules for the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA). The bill now goes to the state House of Representatives, and if it is passed then Massachusetts will be the thirty-ninth state in the country to adopt this act. This […]
Adult Guardianship in New York – The Basics
Adult guardianship concerns the laws governing a person’s capacity to manage their own affairs and their own estate. The law presumes that a person possesses this capacity. Therefore, satisfying the legal criteria sufficient for a finding of incapacity is prerequisite to the formation of a guardianship. Capacity There is no single, universal definition of capacity. […]
Guardianship Law To Go in Effect in New York
“Granny Snatching” is probably not a term you are familiar with hearing. But, believe it or not, over the years elder law advocates have popularized the concept to explain a problem affecting fights over guardianship of seniors. Specifically, granny snatching refers to a problem where a elder guardian (usually close friend or family member) suddenly […]
Guardianship over Personal Affairs and Property: Not Just for the Incapacitated
Many of us can relate to growing concerns over loved ones as they continue to age and require more assistance. It can be challenging to meet these changing needs while still recognizing that our elderly loved ones are capable of performing some tasks on their own. It may seem obvious that legal remedies exist for […]
Plan Ahead to Minimize Risk of Guardianship Abuse
An 87-year old New York man slowly began showing signs of Alzheimer’s. A widower, without many close family members, the senior befriended many people around him. For example, he often used the same cab driver, and he and the younger man grew to know one another. Eventually, the senior’s cognitive challenges placed him in real […]