Legal Question in Elder Law in New York

eldercare

my mother,who has Dementia was given an application for a n appointment of a guardian. I want her to stay in my daughters care where she is well taken care of. How can I change this decision


Asked on 7/07/08, 10:19 pm

1 Answer from Attorneys

Richard Bryan Richard Bryan Attorney PC

Re: eldercare

I am sorry to hear your mom has taken ill.

What is an "application for an appointment of guardian"? I am not familiar with this.

Do you mean a guardian has been appointed by the court for mom, or that someone has filed an Order to Show Cause with Petition in order to have a guardian appointed, and the case is set for a hearing in a few weeks?

If a guardian has already been appointed for mom after a court has held a hearing on the matter, then you've already had the chance to speak up as to your wishes, and the matter is closed. Your chances of having the case re-heard are somewhere between zero and zero. If no such decision has yet been made, you had best get a lawyer, because without a lawyer it's almost impossible to obtain a favorable outcome.

Good luck, and I hope mom is content, at least.

Rick Bryan

New York, NY

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Answered on 7/09/08, 9:04 pm


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