Bronx Conservatorships Attorney

When a loved one becomes unable to manage their own financial affairs due to age, illness, injury, or disability, a conservatorship may be necessary to protect their well-being and assets. In New York, this legal process—also referred to as a guardianship for property—is used to appoint someone to handle the financial affairs of an incapacitated adult. At Cavallo & Cavallo, we help Bronx families navigate the conservatorship process with compassion, experience, and a focus on protecting the dignity and interests of those involved.

What Is a Conservatorship?

A conservatorship is a legal arrangement in which a court appoints an individual (the conservator) to manage the financial affairs of another adult (the conservatee) who is deemed mentally or physically incapable of doing so. This often includes tasks such as paying bills, managing investments, collecting income, and handling property.

In New York, conservatorship typically falls under the broader category of adult guardianship proceedings handled in the Supreme Court under Article 81 of the Mental Hygiene Law. Guardians may be appointed for:

• Property management (financial matters)
• Personal needs (healthcare, living arrangements)
• Or both

Conservatorship is a serious responsibility and is carefully overseen by the court to prevent abuse or mismanagement.

When Is a Conservatorship Needed?

There are many circumstances in which a conservatorship may be appropriate. It is often used when an elderly parent begins to show signs of dementia or Alzheimer’s, or when an adult becomes incapacitated due to illness or injury and did not execute advance directives in time.

Situations that may call for a conservatorship include:

• An aging adult unable to pay bills, manage bank accounts, or avoid scams
• A disabled adult child who is unable to manage inheritance or income
• A person who has suffered a stroke, traumatic brain injury, or medical crisis
• An individual with a mental health condition affecting judgment and finances
• A loved one with no power of attorney or estate planning in place

If no legal documents are in place and the person cannot make or communicate decisions, a conservatorship may be the only legal way to manage their affairs.

The Conservatorship Process in New York

Conservatorship (or guardianship of property) in New York involves a legal proceeding to determine incapacity and appoint a suitable guardian or conservator. The process is court-supervised and includes the following steps:

1. Filing a Petition
   A family member, close friend, or professional (such as a doctor or social worker) files a petition with the New York Supreme Court requesting the appointment of a guardian for the person in question.
2. Court Evaluation
   The court appoints a court evaluator who interviews the allegedly incapacitated person (AIP), investigates the situation, and reports findings to the judge.
3. Hearing
   A judge holds a hearing to determine whether the person is indeed incapacitated and, if so, whether a guardian is necessary. The AIP has the right to attend and to legal representation.
4. Appointment of Guardian/Conservator
   If the court determines that guardianship is needed, it appoints a suitable individual or organization and defines the scope of authority (financial, personal, or both).
5. Oversight and Reporting
   Once appointed, the guardian must file periodic reports detailing financial transactions and the conservatee’s condition. Court oversight continues for the duration of the arrangement.

At Cavallo & Cavallo, we guide families through each step, help prepare legal documents, represent them in court, and offer long-term support for compliance.

Responsibilities of a Conservator

The conservator or financial guardian has a fiduciary duty to act in the best interests of the conservatee and manage their assets responsibly. Responsibilities may include:

• Paying bills and managing day-to-day finances
• Collecting income from Social Security, pensions, or investments
• Maintaining real estate and property
• Filing tax returns and handling insurance matters
• Avoiding conflicts of interest and keeping accurate records

Depending on the court’s order, the conservator may need permission for major transactions, such as selling a home or making large investments. The guardian is also expected to avoid self-dealing and act with complete transparency.

Alternatives to Conservatorship

Conservatorship can be avoided if proper estate planning is done in advance. Less restrictive alternatives include:

• Durable Power of Attorney: Allows someone to manage your financial affairs if you become incapacitated
• Revocable Living Trust: Holds assets and names a successor trustee to manage them if you cannot
• Joint Account Ownership: Allows a trusted individual to access funds, though it may present risks
• Representative Payee: Appointed by the Social Security Administration to manage federal benefits

Planning ahead is always preferable, but if a loved one becomes incapacitated without these tools in place, conservatorship may be necessary.

Contested Conservatorships and Family Conflict

Unfortunately, disputes can arise when families disagree over whether a loved one needs a guardian or who should serve in that role. These disputes can be emotionally charged and legally complex.

Cavallo & Cavallo can assist with:

• Representing petitioners or objecting family members in court
• Mediating disagreements and exploring alternatives
• Contesting guardianships when there’s evidence of abuse or mismanagement
• Helping to remove or replace a guardian when necessary

We work to resolve conflicts with sensitivity and focus on the best interests of the vulnerable individual involved.

Frequently Asked Questions About Conservatorships

Is conservatorship the same as guardianship in New York?
New York uses the term guardianship under Article 81 of the Mental Hygiene Law. However, a guardian for property (financial affairs) essentially serves the role of conservator.

Who can be appointed as a conservator?
The court can appoint a family member, friend, professional guardian, attorney, or agency. The person must be qualified, capable, and act in the best interest of the individual.

Can a conservatorship be avoided?
Yes—if the individual executed a valid power of attorney or living trust while still competent, conservatorship may not be necessary.

How long does the conservatorship process take?
It varies depending on the complexity of the case, but typically several weeks to a few months. Emergencies may qualify for expedited review.

What if the conservator is abusing their power?
Any interested party can petition the court to review, limit, or remove a conservator. The court may order an investigation or appoint a temporary replacement.

Do conservators get paid?
Yes, conservators may receive reasonable compensation for their services, subject to court approval. In some cases, family members serve without compensation.

Serving Throughout The Bronx

• Riverdale
• Spuyten Duyvil
• Pelham Bay
• Morris Park
• Throggs Neck
• Kingsbridge
• Woodlawn
• Parkchester
• Bedford Park
• Fordham

How Cavallo & Cavallo Can Help

Conservatorship is a serious legal responsibility, and the process can be overwhelming—especially during an already difficult time. At Cavallo & Cavallo, we help families across the Bronx establish, manage, and oversee conservatorships with care, professionalism, and legal precision.

Our services include:

• Petitioning for guardianship or conservatorship
• Representing clients in court proceedings
• Advising on alternatives to conservatorship
• Helping conservators comply with reporting requirements
• Assisting with contested guardianship matters

We approach each case with empathy and respect, always keeping the best interests of the individual at the center of the process.

Talk to a Bronx Estate Planning Attorney About Conservatorships

If your loved one can no longer manage their finances and no legal documents are in place, it’s time to consider your options. Speak with an experienced Bronx estate planning attorney at Cavallo & Cavallo to explore whether a conservatorship is right for your situation. Contact us today to schedule a consultation and take the first step toward protecting your loved one’s future.