Guardianship Attorneys in New York City

Attorney Albert Goodwin

We are experienced guardianship attorneys in New York City. We have represented clients in guardianship proceedings across New York since 2008. We get involved when there is a question of an older person not being able to make life decisions.

Whether you are considering guardianship for a person who is no longer able to manage their own affairs, or if you need to oppose a guardianship that doesn’t seem right, we are here to offer caring and effective legal support. We deal with establishing guardianships, defending against guardianships, and providing support along the way.

You can call us at 212-233-1233 or send us an email at [email protected] to discuss your situation.

Our Guardianship Legal Services

We provide comprehensive legal services related to establishing, contesting, advising, and overseeing guardianships, including:

  • Arguing that a guardianship is necessary

    We assemble capacity evidence, handle filing, and represent clients seeking guardianship of incapacitated persons.

  • Defending against guardianship

    We represent individuals and families contesting inappropriate or excessive guardianship.

  • Helping guardians comply with the rules

    We help guardians properly comply with inventory, accounting, and reporting duties.

  • Strive to resolve disputes

    If appropriate, we facilitate mediation in contested cases and negotiate guardian controversies.

Our guardianship attorneys empower clients with customized representation fitting their objectives, budget and situation.

Establishing a Guardianship

We help clients establish legal guardianship for people who cannot make sound decisions for themselves due to incapacity. As experienced New York guardianship lawyers, we compassionately guide families through the following steps:

  • Preparing a Strong Petition

    We carefully gather evidence and assessments demonstrating the individual’s inability to manage healthcare, living arrangements, property, and financial choices. This may include getting medical evaluations, functional capacity exams, neurological testing, and affidavits from caregivers unable to keep the individual safe. We assemble these meticulously into the guardianship petition with clear justification.

  • Representing you in court

    We represent the petitioner throughout probate court proceedings, counseling on fulfilling notice requirements, attending hearings, and advocating effectively before the judge. Judges rely heavily on attorney presentations to issue rulings. With decades of guardianship trial experience, we are powerful yet sensitive advocates demonstrating convincingly how guardianship secures the well-being of vulnerable adults.

  • Showing proof of incapacity

    We distill medical proof, caregiver affidavits, and capacity evaluations into convincing summaries. We use these to show judges why findings for legal guardianship serve the interests and safety of the vulnerable adult while also respecting their dignity. With experience guiding many clients through successful guardianship hearings, you can rely on our sensitive yet persuasive court representation.

  • Preparing for and appearing at court hearings

    We understand that guardianship hearings before a judge can seem formidable. We thoroughly prepare clients and their evidence for success. This includes explaining court procedures ahead of time so you know what to expect. We also instruct clients to answer questions honestly about the individual’s condition and care needs.

  • Providing ongoing support

    We guide guardians on properly assuming duties over medical decisions, living arrangements, financial obligations, and other critical areas. We remain an ongoing resource ensuring guardians understand changing regulations and best serve the interests of the incapacitated ward.

Defending Against a Guardianship

We represent individuals and family members disputing excessive or unjustified guardianship petitions.

  • Representing objecting individuals

    If an individual with questionable capacity opposes the guardianship petition ourselves, we represent them before the court. This includes helping object to the proceedings and convey their voice, arguing for limited guardianship arrangements preserving autonomy, and allowing them to actively participate in the guardianship hearing. We stand ready to defend your rights against unnecessary overreach by guardianship.

  • Arguing there is no incapacity

    There may be insufficient proof of incapacity, less restrictive options available, or questionable motivations by the petitioner. In these situations, we take measures including challenging capacity evaluations and affidavits that exaggerate deficits, advocating for alternative decision-making tools not fully revoking rights, preventing guardianships sought improperly over finances alone, and protecting the rights of objecting individuals to defend their own interests.

  • Counseling families on options beyond guardianship

    Where risks appear more moderate or temporary, we advise families on alternatives to court intervention like structuring informal care assistance and oversight within the family, pursuing temporary power of attorney arrangements, engaging professional care managers to help with decisions, and holding family meetings to align on guardianship concerns. We can help mediate issues arising from guardianship disputes, providing diplomatic solutions apart from litigation.

Why Choose Us as Your New York City Guardianship Attorneys

When facing guardianship decisions involving a vulnerable loved one or client, it is critical to have caring yet experienced legal counsel. Here is why our firm stands out as the right choice:

  • Seasoned guardianship experience

    We have been practicing guardianship law since 2008. We have handled many situations like the one you are facing, and can draw from this deep well of knowledge and experience to guide you successfully through the process. Every case is unique, but there are touchpoints and best practices we have learned for the best chance of obtaining guardianship, defending against guardianship and compromising guardianship proceedings.

  • We provide sensitive support

    We understand these are emotional situations concerning cherished family. We guide judiciously and compassionately.

  • We meticulously prepare

    We build ironclad petitions assembling capacity assessments, medical evidence, testimonials showing guardianship as the necessary path.

  • We provide master advocacy

    We are forceful yet diplomatic advocates before judges focused on client interests and rights protections.

  • We stay in touch

    We do not disappear after a case closes. We offer guidance to guardians ensuring compliance and optimization of arrangements.

  • We give you options

    Where suitable, we customize less restrictive yet safe options – trusts, proxies, supported decision-making.

  • We strive to account for differences in culture.

    We factor religious beliefs, family dynamics, lifestyle priorities for customized arrangements.

  • Our service is accessible

    We respond promptly and make ourselves available – in office, by phone, electronically.

  • Reasonable Costs

    We explore every option to reduce legal costs from guardianships tailored to client budgets.

If you need a guardianship attorney in New York City, we at the Law Offices of Albert Goodwin are here for you. We cover Manhattan, Brooklyn, Queens, Bronx, Staten Island, Nassau County, Suffolk County and Westchester County. Feel free to call our office at 212-233-1233 or send us an email at [email protected] to discuss your situation. Contact our New York City law office today and schedule a consultation with one of our seasoned guardianship attorneys.

Attorney Albert Goodwin

Law Offices of
Albert Goodwin, PLLC
31 W 34 Str, Suite 7058
New York, NY 10001

Tel. 212-233-1233

[email protected]

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