Guardianship Archives - Page 2 of 2

"Close-up of an adult hand reaching toward a baby or toddler's small, reaching hand over a grassy park path."

Who will be the guardian of my child after I am gone?

Posted on February 6, 2023

Manhattan estate planning attorneys understand that many people are uncomfortable making the appointment to have an estate plan created. After all, no one wants to think about dying. Everyone over the age of 18 should have a will-- and other documents commonly created alongside it—like a healthcare proxy, power of attorney, and/or living will. But...

"A loving mother or caregiver touching foreheads with a smiling boy who has Down syndrome in a colorful classroom."

Accessing Services in New York City for Young Children with Special Needs

Posted on November 9, 2022

What services are available to New York City’s younger special needs children? New York City special needs planning attorneys can help parents of disabled children with legal issues including guardianship, trusts and more. But there are many additional resources available—if only overwhelmed parents knew where to turn for help. Accessing supports and/or services...

"A happy, smiling mother and father embrace their adult son with Down syndrome outdoors."

Is 17A Guardianship Right for Your Special Needs Child?

Posted on September 29, 2022

What happens to parents’ rights when their special needs child turns 18? Reaching the age of majority—eighteen-- is a milestone in New York. That means that all children – – including all those with intellectual or developmental disabilities – – are considered adults with the legal authority to make their own medical, financial and other...

"A sad or depressed teenage boy sitting on the floor while an adult man provides support and comfort."

Can You Force Your Adult Drug-addicted Child to Go to a Rehab Facility?

Posted on August 24, 2021

As a parent, there is little more heartbreaking than having an adult child struggle with addiction. Rehab is often the only answer, but if the child is an adult, is there a way to force them to go? The answer is not straightforward as we may want. In the United States, the law prevents...

Removing the Executor of the Estate

Posted on May 11, 2019

Can one remove the executor or the administrator of the estate? The process is not easy, but it has been done multiple times. Below are several common grounds for removal: • Self-dealing. This means that the Executor of the Estate acts in the best interests...

Psychiatric Advance Directives (PAD) – are they different from a regular health care proxy?

Posted on October 3, 2018

Every individual of adult years and sound mind has a right to choose what shall be done with his own body and to control the course of his medical treatment. Patient autonomy and self-determination are a firmly ensconced principle in New York State Law. But what happens with patients who have lost...

What is the right age to get a Power of Attorney?

Posted on March 21, 2017

My answer to this question is always the same: 18! Before you turn 18, your parents are legally responsible for you and can make legal decisions on your behalf. After you turn 18, NO ONE can do that. It comes as a huge shock to most of my clients, but in the event...

Rich and Famous Planning: Sumner Redstone – an estate plan that is embarrassment for the man, the family and the company?

Posted on August 10, 2016

Mr. Redstone’s fortune is estimated at $5 billion. He could afford the best legal plan in the world. Yet, despite the assets and despite the multitude of involved lawyers, his estate planning and his last years are turning out to be a mess.Mr. Redstone tried to put in place plans that would ensure...

What is a Guardianship

Posted on July 28, 2015

When is it Necessary: Having a Power of Attorney and a Health Care Proxy are the best ways of ensuring that your wishes are honored by a person that you trust. Sometimes, however, an individual loses capacity and has not executed these advanced directives. Without a Power of Attorney, NO ONE has the right...