Legal Question in Elder Law in New York

Re: elderly law

Assuming mom is incapacitated or consents to guardian, you would need to file petition for guardianship in Supreme Court. This involves a court proceeding. The court will appoint a court evaluator to evaluate the situation and set a court date for about 4 weeks into the future. You would testify as to why mom needs guardian, and court would decide.

If mom is not incapacitated mentally, she may be able to execute power or attorney and health care proxy. I would need to know a little more about the situation before advising you which solution is appropriate.

Re: elderly law

How old is your mom? Is she currently incapacitated? If not, does she concur with your belief that there is a need for this to put in place? If so, then you may file for guardianship under Article 81 in a State Supreme Court for the relief requested.

If you wish, I can assist you with this matter. I have extensive experience handling these cases.