Westchester Conservatorship Attorney
When an individual is no longer capable of managing their personal or financial affairs due to illness, disability, or age—and has not appointed someone to act on their behalf—a conservatorship may be necessary to protect their well-being and assets. In New York, conservatorships have largely been replaced by guardianships, but the term is still commonly used when referring to court-appointed oversight of a person’s finances or daily care. At Cavallo & Cavallo, our Westchester conservatorship attorneys help families navigate these complex situations with care, clarity, and legal precision.
What Is a Conservatorship?
Traditionally, a conservatorship is a court-appointed legal relationship in which someone (the conservator) is authorized to manage the financial affairs or personal care of another person (the conservatee) who cannot manage on their own.
In New York, these roles are typically addressed through the Article 81 Guardianship proceeding:
- A guardian of the person is responsible for healthcare, housing, and daily needs.
- A guardian of the property manages financial matters, including income, bills, and investments.
These roles mirror the functions of conservatorships in other states. At Cavallo & Cavallo, we use the guardianship process to achieve the same goals when a loved one needs protection but has no power of attorney or healthcare proxy in place.
When Is a Conservatorship (Guardianship) Needed?
A conservatorship may be appropriate when an adult:
- Has dementia, Alzheimer’s, or cognitive decline
- Suffers a serious brain injury or stroke
- Is living with a developmental disability
- Is the victim of elder abuse or financial exploitation
- Has no advance directives in place (such as a power of attorney)
- Is making unsafe decisions that jeopardize their health or assets
It can also be used to help adults with mental illness who are unable to care for themselves, and in some cases, to provide oversight for minors with significant financial assets.
Responsibilities of a Conservator (Guardian)
Once appointed by the court, the conservator (or guardian) must act in the best interest of the individual and report regularly to the court. Their responsibilities may include:
- Paying bills and managing bank accounts
- Handling investments, pensions, or government benefits
- Making medical and healthcare decisions
- Choosing housing or coordinating home care
- Filing tax returns and keeping financial records
- Reporting annually to the court on the conservatee’s condition and assets
We advise conservators and guardians in Westchester on how to carry out their duties responsibly, legally, and ethically.
The Legal Process in Westchester
Establishing a conservatorship or guardianship in New York involves a court proceeding under Article 81 of the Mental Hygiene Law. The steps typically include:
- Filing a petition with the Westchester Supreme Court
- Serving notice to the individual and interested parties
- Appointment of a court evaluator to assess the situation
- Medical documentation of incapacity
- A court hearing where testimony and evidence are presented
- Judicial determination of the individual’s capacity and appropriate scope of authority
If approved, the court issues an order granting the guardian specific powers—narrow or broad, depending on the individual’s needs.
Alternatives to Conservatorship
In many cases, conservatorship can be avoided through advance planning. We help families explore these less restrictive alternatives:
- Durable Power of Attorney – For financial decision-making
- Health Care Proxy – For medical decisions
- Living Trusts – For asset management and distribution
- Representative payee – For managing Social Security or disability benefits
We evaluate each client’s situation and recommend the most effective and least intrusive solution.
Emergency Conservatorship (Temporary Guardianship)
If an individual is in immediate danger—physically, medically, or financially—the court can appoint a temporary guardian on an emergency basis. This allows a conservator to step in right away and protect the person or their property while a full hearing is scheduled.
We help families file emergency petitions quickly and represent them in urgent hearings to prevent harm or exploitation.
Modifying or Terminating a Conservatorship
Conservatorships are not always permanent. They can be:
- Modified to expand or reduce the conservator’s powers
- Terminated if the individual regains capacity
- Reassigned if the current conservator is no longer able or fit to serve
We represent family members, conservators, and concerned parties in actions to modify or end conservatorships as circumstances change.
Conservatorship and Elder Abuse Prevention
Conservatorships can play a vital role in protecting seniors from financial abuse and neglect. When a senior is being exploited or manipulated—often by someone close to them—a court-appointed guardian can take over and block unauthorized transactions, recover assets, and prevent further harm.
We work with families and Adult Protective Services (APS) in Westchester to use conservatorship proceedings as a legal shield for vulnerable individuals.
Frequently Asked Questions About Conservatorship
Is a conservatorship the same as guardianship in New York?
In practice, yes. New York uses the term guardianship, especially under Article 81, but the role and responsibilities are similar to conservatorships in other states.
How long does it take to establish a conservatorship?
A full proceeding may take several weeks to months. Emergency temporary guardianships can sometimes be granted in a few days.
Does the conservatee lose all rights?
No. Guardianships are tailored to the person’s specific needs. The court limits the guardian’s authority to only what is necessary.
Can more than one person serve as guardian?
Yes. Co-guardians may be appointed, or a successor can be named to step in if needed.
Can the conservatorship be challenged?
Yes. The individual or others may object to the proceeding or the proposed guardian. We represent all parties in contested cases.
Is court supervision required?
Yes. Guardians must file annual reports and may be required to seek court approval for major decisions, especially financial ones.
Serving Throughout Westchester, NY
- Scarsdale
- Bronxville
- Larchmont
- Rye
- Chappaqua
- Pelham
- Armonk
- Mamaroneck
- Dobbs Ferry
- Tarrytown
How Cavallo & Cavallo Can Help
Cavallo & Cavallo brings decades of experience guiding Westchester families through conservatorship and guardianship matters. Whether you are seeking to protect a loved one or have been appointed as guardian and need help fulfilling your role, we offer personalized legal support at every step.
Our services include:
- Filing guardianship petitions and emergency applications
- Representing families, individuals, and proposed guardians
- Advising on fiduciary duties and reporting obligations
- Exploring alternatives to guardianship when appropriate
- Assisting with contested proceedings or court hearings
We understand that these situations are sensitive and emotional—and we work to provide clear, compassionate legal guidance throughout.
Speak With a Westchester Guardianship and Conservatorship Attorney
If you’re concerned about a loved one’s safety or ability to manage their affairs, don’t wait. Contact Cavallo & Cavallo today to speak with a Westchester guardianship and conservatorship attorney and find the best legal path forward for protection, support, and peace of mind.
