Legal Question in Elder Law in New York

Do I need to apply for guardianship and why

My sister has been diagnosed with mild Altzheimers disease, and her husband is in the last stages of cancer. My sister has 3 children who have nothing to do with her, and my question is do I need to apply for guardianship when her husband passes away so in the future I can make decisions for her medical needs. As far as any property she would own, she owns a pre-owned mobile which is not worth very much, and her other assets are mimimal. I am being made executor of the husbands will and being given Power of attorney over his estate. Please advise me on guardianship and how much it will cost.

thanks

E.M.


Asked on 3/02/04, 10:04 am

1 Answer from Attorneys
Brenda Mattar Mattar & D'Agostino, LLP

Re: Do I need to apply for guardianship and why

Does your sister have periods of time when she is lucid or is she totally incapacitated? If she has periods where she is competent, then you may be able to have her sign a General Durable Power of Attorney. The POA will give you the athority to handle her financial affairs for her.

Under MHL Article 81, a Guardian of the Person or Property can be appointed by the Court for an incompetent person. This requires a proceeding in Supreme Court. The Court appoints an Attorney to evauate the needs of the person and to make a reccomendation to the Court. This is a time consuming proceeding and the cost will depend on the amount of time involved and on any contested issues or disputes.

For more information, please contact me at (716) 856-4022. Thank you.

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Answered on 3/02/04, 5:51 pm


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