Legal Question in Elder Law in New York

Guardianship

My 54 year old brother who is currently recovering from a anuerysm. He has been deemed unable to care for himself at this time. I have power of attorney and health care proxy.

There is a vindictive girlfriend in the picture who is trying to get control of his finances. Do I also need to get guardianship of my brothers affairs or is what a have suitable to control his assets?

Please help


Asked on 3/17/03, 4:26 pm

1 Answer from Attorneys
Frank Lang Lang Law Firm PLLC

Re: Guardianship

New York Courts will not appoint a guardian unless there is no "less restrictive alternative". Because you already have a health care proxy and a power of attorney, there should be no need for a guardianship.

In order for the girlfriend to be appointed as guardian, she would have to show that the current arrangements are inadequate, or that you were not properly discharging your duties.

She would have to bring on a petition to be appointed guardian, and you would have to be served. At that point you would hire a local attorny to try to have the petition dismissed, or in the alternative to have you appointed as your brother's attorney. If you can't find a local attorney, you can check the NAELA web site, www.naela.com for a list of Elder Law attorneys in your area.

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Answered on 3/17/03, 5:52 pm


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