Long Island Guardianship Attorney
What is Guardianship?
Guardianship is a legal process by which a court appoints a person to make legal decisions on behalf of someone who is unable to do so. Guardians may be appointed to make medical decisions for an incapacitated person and/or manage their financial affairs.
Who Needs a Guardian?
A legal guardianship may be required for minors, developmentally disabled adults, and adults who have become incapacitated and, due to the incapacity, cannot provide for their personal needs or manage their own property or finances.
Who Can Be A Guardian?
Guardians are typically close family members, but sometimes a neighbor, friend, a social services official, or a corporation is appointed as a guardian.
The basic requirements for a guardian are as follows:
- They are over 18 years old,
- They are a legal citizen of the United States,
- They are not professionals providing services to the person requiring a guardian,
- They are not in debt to the person requiring a guardian, and
- They have never been convicted of a felony.
What Does A Guardian Do?
Depending on the authority granted to the guardian by the court, guardians can have various duties, such as:
- Manage assets and make financial decisions on behalf of the person in need of a guardian.
- Make medical decisions on behalf of the person in need of a guardian.
- Handle the daily life of the person in need of a guardian.
- Assist with public benefits for the person in need of a guardian.
Court-appointed guardians on Long Island must demonstrate their ability to responsibly manage obligations and protect the interests of the individual. The court may adjust responsibilities and may require periodic reporting or court oversight. In Nassau and Suffolk counties, the process may involve additional documentation or updates that reflect New York’s strong focus on protecting vulnerable residents.
Guardianship Process and Timeline on Long Island
Understanding how guardianship works in Long Island helps families move forward with greater confidence. Most guardianship cases begin by gathering supporting documents and filing a petition with the appropriate county court, generally Nassau or Suffolk County Supreme or Surrogate's Court. The court usually schedules a hearing, appoints a court evaluator to interview the people involved, and reviews supporting materials such as medical records. The time from petition to a court's decision depends on the court schedule, how quickly you can gather required documents, and whether anyone objects. Many proceedings conclude within a few months, though disputes or incomplete paperwork can cause delays. A guardianship attorney in Long Island can answer questions and help families stay informed throughout the process. At Esther Schwartz Zelmanovitz, PLLC, we value transparency and kindness, communicating important updates and supporting our clients and their loved ones at every step.
Guardianship Costs & Financial Considerations
Families starting the guardianship process in Nassau or Suffolk County should consider the possible fees before proceeding. Costs can include court filing fees, legal services, medical evaluations, and possible bonding fees if required by the judge. Many courts publish standardized fees, but complexities in the case or objections can affect the total cost. In the long run, guardians may have ongoing obligations, such as filing regular accountings or reports, each with its own fee. To avoid surprises, discuss financial considerations at the outset and set a clear budget. Our approach at Esther Schwartz Zelmanovitz, PLLC involves clear explanations, accessible communication, and reliable support, so families can make informed decisions at every stage.
Get comprehensive legal guidance from a guardianship lawyer in Long Island you can trust. Call (516) 347-7356 or contact us promptly to schedule your consultation.
Types of Guardians:
Different types of guardianship cater to the specific needs of the individual.
- Guardian of the Person: The guardian manages personal decisions, including those about healthcare, education, and general well-being.
- Guardian of the Property: The guardian manages the individual's financial matters and submits annual financial accountings to the court. Property guardians may also need to secure a bond or marshal the person’s assets.
- Guardian of the Person and Property: A guardian may oversee both personal and financial decisions for the same individual.
- Guardian ad Litem: A Guardian ad Litem is appointed by the judge to represent and protect the interests of a person during court proceedings when that person cannot defend their own interests.
On Long Island, each guardianship type serves a unique purpose based on the needs of the individual. Nassau and Suffolk courts frequently address issues for older adults, those with special needs, or minors who require support after losing a parent. The court looks at each situation to decide which arrangement best protects the person. The specifics of the process may change between Nassau and Suffolk counties, reflecting different local requirements and resources.
Our Values, Your Peace of Mind The Principles That Define Our Firm
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Compassionate, Relationship-Driven Service
We believe every client deserves to be treated with dignity, patience, and genuine care. Our firm fosters long-term relationships, guiding families with warmth and empathy through emotionally sensitive matters like elder care, estate planning, and loss.
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We prioritize honest, prompt, and respectful communication. Whether answering questions or guiding you through complex decisions, we're responsive, dependable, and committed to making the process as smooth and stress-free as possible.
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We hold ourselves to the highest standards of ethical practice and professional excellence. Clients can count on us not just for our legal knowledge, skill and experience, but for honesty, transparency, and unwavering advocacy on their behalf.
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Tailored Legal Guidance for Every Client
No two clients are the same. We take the time to truly understand each client’s concerns, goals, and values, crafting customized legal solutions that reflect what matters most to them.
Different Types of Guardianships
In New York State, there are different statutes that govern and determine the type of guardianship proceeding necessary to have a guardian appointed in a particular case.
Article 17-A Guardianships
If an individual has an intellectual or developmental disability that renders them incapable of making decisions on their own and managing their own affairs, a legal guardian can be appointed by the Surrogates Court under Mental Hygiene Law Article 17A.
The most common petitioner seeking an Article 17A guardianship is a parent for a child who has an intellectual or developmental disability and has reached the age of 18 years old. While still a minor, the parent is automatically the legal guardian, but that ends on the child’s eighteenth birthday. Therefore, a guardianship proceeding is necessary for the parent to retain legal authority to make decisions for the adult child and manage his or her affairs. Such acts may include making medical decision-making on behalf of the child (i.e., consenting or withholding consent to medication, vaccines, or procedures) or financial and legal actions (i.e., banking transactions, signing a contract or lease, insurance management).
An Article 17-A Guardian can be appointed for either “the person”/or for “the property”. Guardianship of the person is used when the individual has no assets of their own but requires assistance with their personal needs; guardianship of the property is used when an individual has assets that need to be managed. The 17A guardianship lasts the length of the disabled individual’s life.