Guardianships

At Kurzman Eisenberg, our guardianship attorneys provide experienced legal counsel for individuals, families, and institutions navigating guardianship proceedings and administration. A guardianship may become necessary when a person loses capacity or never had the ability to make healthcare, personal, or financial decisions. Our elder law attorneys work closely with clients to determine the best legal approach, whether that involves avoiding guardianship through proactive planning or petitioning the court for guardianship when necessary.

We have extensive experience handling contested and uncontested guardianship proceedings, and our attorneys are frequently appointed by the New York courts to serve in various roles, including Guardians, Court Evaluators, and Counsel to the Guardian.

We Offer Comprehensive Guardianship Representation

Our attorneys have significant experience handling all aspects of guardianship matters, including:

• Article 81 Guardianships – Petitioning the court to appoint a guardian for individuals who are incapacitated.
• Guardianship Litigation – Representing clients in contested proceedings involving family disputes or allegations of financial abuse.
• Guardianship Administration – Assisting guardians with accounting, reporting, and compliance with court requirements.
• Avoiding Guardianship Through Planning – Developing alternative legal strategies such as powers of attorney and advance directives.
• Judicial Appointments – Serving as Guardians ad Litem, Court Evaluators, and Counsel to the Guardian in both Surrogate’s Court and Supreme Court proceedings.

Our firm is committed to providing customized legal solutions that prioritize the best interests of the individual under guardianship.

We Help You Navigate Complex Guardianship Proceedings

Guardianship cases involve complex legal and personal considerations. Our attorneys assist clients with:

• Filing and Defending Guardianship Petitions – Preparing and litigating Article 81 guardianship petitions for incapacitated individuals.
• Representing Family Members and Institutions – Advocating for families, hospitals, and nursing homes in guardianship cases.
• Compliance with Guardianship Laws – Ensuring that guardians fulfill their legal and fiduciary duties in managing an individual’s affairs.

Our team has a proven track record of guiding clients through the guardianship process, ensuring compliance with New York guardianship laws and protecting the rights of vulnerable individuals.

We Develop Tailored Legal Strategies for Guardians and Families

Our attorneys provide legal representation and strategic counsel for all parties involved in guardianship proceedings, including:

• Guardians seeking legal guidance on their duties and responsibilities.
• Families facing guardianship disputes over financial control or healthcare decisions.
• Hospitals and skilled nursing facilities needing legal representation in guardianship matters.

With deep industry knowledge and a client-centered approach, we help our clients navigate the complexities of guardianship law with confidence.