Bronx Guardianship Attorney

When a loved one can no longer make decisions for themselves due to age, illness, disability, or incapacity—and no legal documents are in place—a guardianship may be necessary. In New York, guardianships are legal arrangements granted by the court that allow a responsible person to make decisions on behalf of an incapacitated adult. At Cavallo & Cavallo, our Bronx guardianship attorneys help families navigate the guardianship process with sensitivity, clarity, and trusted legal guidance.

What Is a Guardianship?

A guardianship is a court-supervised legal relationship in which one person (the guardian) is appointed to make decisions for another person (the incapacitated person or “ward”) who is unable to manage personal or financial matters on their own. Guardianships are often used when no advance directives, such as a power of attorney or healthcare proxy, have been prepared.

In New York, guardianships for adults fall under Article 81 of the Mental Hygiene Law and may include authority over:

• Personal needs (healthcare, living arrangements, safety)
• Property management (finances, assets, bills, and income)
• Or both, depending on the individual’s situation

Guardianships are granted only when necessary, and the court limits the guardian’s powers to those specifically needed to protect the person.

When Is a Guardianship Needed?

A guardianship may be appropriate when someone becomes incapacitated and has not legally appointed a trusted person to manage their affairs. This could be due to:

• Alzheimer’s disease or other forms of dementia
• Stroke, traumatic brain injury, or serious illness
• Developmental or intellectual disabilities
• Mental illness impairing judgment or functioning
• Physical disability that prevents communication or independent living

Guardianship is often considered a last resort—but when used appropriately, it can provide essential protection and support.

The Guardianship Process in New York

Establishing a guardianship under Article 81 requires filing a petition with the New York Supreme Court. This process involves multiple steps and protections for the alleged incapacitated person (AIP):

1. Filing a Petition
   A family member, friend, healthcare provider, or concerned party petitions the court to appoint a guardian. The petition must explain the reasons for the request and the type of authority being sought.
2. Court-Appointed Evaluator
   The court assigns an evaluator to investigate the case, meet with the AIP, and submit a report with findings and recommendations.
3. Hearing
   A formal hearing is held where the petitioner, evaluator, attorneys, and any objecting parties may present evidence. The AIP has the right to attend, be represented by counsel, and contest the guardianship.
4. Appointment
   If the court determines that the person is incapacitated and guardianship is necessary, it issues an order appointing a guardian and specifying the scope of their powers.
5. Oversight and Reporting
   The guardian must file an initial and annual report with the court, detailing actions taken and the condition of the ward.

Cavallo & Cavallo assists clients through every step—from petition to final order—ensuring the process is handled correctly and with care.

Responsibilities of a Guardian

Guardians have a fiduciary duty to act in the best interests of the incapacitated person and to follow the terms of the court order. Depending on the appointment, duties may include:

For Personal Needs:

• Making medical and healthcare decisions
• Choosing appropriate living arrangements
• Hiring caregivers or arranging services
• Monitoring safety and well-being

For Property Management:

• Paying bills and managing bank accounts
• Collecting income and managing investments
• Maintaining real estate and personal property
• Keeping detailed financial records

Guardians must act with transparency and avoid conflicts of interest. Court oversight helps prevent abuse or neglect.

Contested Guardianships

Disagreements sometimes arise about whether a guardianship is needed or who should serve as guardian. These disputes can be emotionally and legally complex.

Common contested issues include:

• Whether the person is truly incapacitated
• Allegations of undue influence or financial abuse
• Family conflicts over who should be appointed
• Disputes between siblings or relatives with differing views

We represent petitioners and respondents in contested guardianship cases, ensuring that our clients’ rights—and the ward’s best interests—are protected.

Alternatives to Guardianship

In some situations, guardianship can be avoided by having advance legal planning in place. Alternatives include:

• Durable Power of Attorney: Authorizes someone to manage financial affairs.
• Health Care Proxy: Authorizes someone to make medical decisions.
• Revocable Living Trust: Transfers assets under the control of a chosen trustee.
• Representative Payee: Manages government benefits such as Social Security.

These tools allow for smoother transitions and avoid the need for court involvement. We help clients put these safeguards in place while they are still able to make decisions for themselves.

Guardianship for Special Needs Adults

Parents of children with developmental or intellectual disabilities often seek guardianship when their child turns 18. Without it, parents may lose the legal authority to make decisions for their adult child—even when ongoing support is clearly needed.

We help families:

• Petition for guardianship of a special needs adult
• Navigate educational, medical, and government benefit systems
• Create special needs trusts to preserve eligibility for public programs
• Coordinate long-term care and living arrangements

Guardianship ensures continuity of care and decision-making support for vulnerable adults.

Frequently Asked Questions About Guardianships

How long does it take to establish guardianship in New York?
The process typically takes several weeks to a few months, depending on court scheduling and whether the case is contested.

Can more than one person be appointed as guardian?
Yes. Co-guardians can be appointed to share responsibilities, or a successor guardian can be named in case the original guardian is no longer able to serve.

Is guardianship permanent?
Not always. Guardianship can be temporary, limited, or terminated if the person regains capacity or if circumstances change.

What if the guardian is not doing their job?
Interested parties can file a petition with the court to remove a guardian and appoint a replacement. The court may also investigate reports of misconduct.

Do guardians get paid?
Yes, guardians may receive reasonable compensation for their services, subject to court approval. Some family members serve without pay.

What’s the difference between guardianship and conservatorship?
In New York, Article 81 guardianship covers both personal and property management. The term “conservatorship” is not typically used here, though it is common in other states.

Serving Throughout The Bronx

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

How Cavallo & Cavallo Can Help

With decades of experience in guardianship and elder law matters, Cavallo & Cavallo provides compassionate, thorough legal guidance to families facing difficult decisions. We understand the sensitivity of these cases and the importance of preserving dignity and safety for loved ones.

Our guardianship services include:

• Petitioning for Article 81 guardianship
• Representing clients in contested hearings
• Advising guardians on legal responsibilities
• Filing required court reports and accountings
• Seeking guardianship modifications or terminations
• Establishing alternatives when appropriate

We help families make informed decisions and guide them through the process every step of the way.

Talk to a Bronx Guardianship Attorney Today

If a loved one can no longer manage their personal or financial affairs, or if you’re planning for the future of a disabled child, guardianship may be the solution. Contact Cavallo & Cavallo to speak with a trusted Bronx guardianship attorney and take the first step toward protecting your loved one’s rights, safety, and quality of life.