Our Office: 3884 Amboy Road, Staten Island, New York 10308
William J. Newstad, Attorney at Law
Elder Law Elder Law

Staten Island Guardianship Lawyer Safeguards Seniors in NY and NJ

Sound advice on assuming legal authority for an elder’s health and welfare

There comes a time in every family when caregiver responsibilities pass from one generation to the next. When seniors recognize they’re experiencing a decline due to their age, they’re usually persuadable about granting their adult children powers of attorney for tasks they no longer have the energy or clarity of mind to accomplish. However, when seniors are obstinate about retaining their independence, or their adult children are premature in asking for legal authority over them, conflicts arise which can lead to a guardianship hearing in family court. Since 1996, William J. Newstad, Esq., Attorney and Counselor at Law has represented seniors and their adult children in proceedings to determine guardianships. We strive to handle these matters with the utmost sensitivity, professionalism and discretion.

Assuming the role of a guardian for an elder in New York or New Jersey

A guardian assumes all duties regarding the elder’s health and welfare:

  • Control of personal finances and assets
  • Healthcare decision-making authority
  • Home or nursing facility care supervision

The difference between a guardianship and a power of attorney is that powers of attorney are created voluntarily; with a guardianship, the elder either objects to transferring authority or lacks the capacity to do so legally. So, instead of simply drafting and signing papers, you and your guardianship attorney must appear in family court and convince the judge that your elder loved one is no longer self-sufficient, and for their own welfare, the court must appoint you as guardian. Courts have broad discretion in limiting a guardianship. For instance, the court could give a guardian authority over an elder’s income from a pension and Social Security, but not control of assets.

The right elder lawyer is an asset throughout the guardianship process

Obtaining a guardianship in an adversarial proceeding can put a significant strain on relationships within a family. As your elder law firm, William J. Newstad, Esq., Attorney and Counselor at Law guides you through every step of the process, beginning with an informative free consultation in the comfort and privacy of our office. We do more than help you file a petition, we counsel you on effective approaches to limit conflict within the process.

Representation for elders who contest guardianship proceedings

Guardianship is appropriate when an elder has experienced diminished mental capacity. If an elder still has a sharp mind, but is in declining health, that is not a basis for assigning guardianship. We represent elders in family court hearings when there is reason for opposing a relative’s overreaching attempt to gain authority over their affairs.

Get experienced representation for elder guardianship proceedings in NY and NJ

William J. Newstad, Esq., Attorney and Counselor at Law represents seniors and their families in New York and New Jersey family court proceedings to determine if guardianship of an elder is warranted. To schedule a free, discreet consultation in our office or your home, call 718.815.5800 or contact our Great Kills Town office online.

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