Legal Question in Elder Law in New York

Need Guardianship Advice

My brother petitioned the court for guardianship of my mother. It appears that he not going to get it as the court evaluator said that my mother does not need a guardian for her person or property. My question is: Would it be better to have my mother volunteer to assign a guardian to her now while she is still competent and that another petition for guardianship cannot be filed by my brother? Or is there another way that we can prevent my brother from filing for guardianship at a future date? I am the health care proxy for my mother as well as the Power of Attorney, and I also am the executor of her Will. Also my mother would like to change her Will as she is very angry that my brother did this to her. Will my brother be able to contest the Will and how do you prevent someone from contesting the Will?

Thank you for your replies. They are very much appreciated.


Asked on 12/10/07, 1:55 pm

2 Answers from Attorneys
Johm Smith tom's

Re: Need Guardianship Advice

You need to have a very good will drafted so it withstands any challenges. A NY attorney can assist you with these planning issues. I'm admitted in NY but I don't regularly handle these issues for NY. Good luck. If you want it done right, use an attorney.

Read more
Answered on 12/10/07, 2:52 pm
Pasquale Calcagno Calcagno & Associates, PLLC

Re: Need Guardianship Advice

Call me for a free consultation at 1(800)WE-FIGHT or 1(718)WE-FIGHT.

Read more
Answered on 12/16/07, 3:15 pm


Related Questions & Answers

More Elder Law questions and answers in New York