There is also an alternate procedure under the Surrogate’s Court Procedure Act that can be used if a person is incapacitated because of mental retardation or developmental disability.
Many people wonder what constitutes incapacity. It is not necessarily an overall incompetence, but an inability to understand or appreciate one’s own limitations regarding particular tasks, such as determining a safe place to live, making medical decisions, managing one’s finances, or preventing financial abuse or exploitation. These are just a few examples.
In an effort to make intervention as least restrictive as possible, the New York legislature established a guardianship system which can tailor either personal and/or property management needs of an incapacitated person to his or her individual situation. The law takes into account the personal wishes, preferences and desires of the person, and affords the greatest amount of independence, self-determination and participation in all the decisions impacting his or her life.
At Rochester Elder Law (formerly Dutcher & Zatkowsky), we can help you avoid a guardianship proceeding through advanced planning. Tools to accomplish this include a power of attorney or health care proxy. Choosing an appropriate guardian is obviously a critical decision, since it involves both emotional and financial well-being. We have the experience, understanding and compassion to help you select an appropriate guardian and provide sound legal counsel to them.
Centrally Located in Brighton
near Cobbs Hill:
1399 Monroe Avenue,
Rochester, NY 14618
Map & Directions
Subscribe now and get our FREE Guide, "The Top Eight Mistakes People Make with Medicaid Qualification"
Rochester Elder Law
All Rights Reserved
Legal Disclaimer: The information on this website is for general purposes only and is not legal advice. Content may change without notice. Please consult an attorney for guidance on your specific situation. Contacting us does not establish an attorney-client relationship. Do not send confidential information until a formal attorney-client relationship is established. This site may contain attorney advertising. Prior results do not guarantee similar outcomes. By using this site, you agree to this disclaimer.