Trusts & Estates Litigation

Contesting Or Initiating A Guardianship

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Not everyone needs a court appointed guardian. We represent clients who desire to contest the appropriateness for the appointment of a guardian, challenge the proposed guardian. We also represent clients who desire to initiate a guardianship proceeding for a person in need of that protection, where use of a power of attorney simply will not suffice.

Over the years these proceedings have become significantly more complex. It is not uncommon for the proof to focus on detailed and specific medical records, medical doctor testimony and expert opinion evidence. The law imposes precise standards establishing the proof required to prevail. Many of these proceedings involve competing medical theories and opinions. Critical to success is the courtroom presentation of the witnesses and the evidence. There are often significant issues relative to future care and treatment of incapacitated persons, costs of care, location appropriate for residence and the like.

Our work in this practice area typically involves efforts to promote asset protection and preservation. It is not uncommon for a personal estate or trust planning attorney to be involved with us in instances where personal wealth may be at risk. We work in conjunction with planning counsel to ensure the proper disposition of an incapacitated person’s wealth.

To view some of our experiences and insights, please visit our blog which focuses exclusively on this area of practice.

Results

We were appointed by the Surrogate’s Court to represent a minor in a case of a trust and prevailed

We successfully defended a will signed under Mental Hygiene Article 81 in Surrogate’s Court

Attorneys

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