Westchester Guardianship Attorney

When a loved one is unable to make personal, financial, or medical decisions due to age, illness, or disability, a guardianship may be necessary to ensure their safety and well-being. Guardianships provide a legal framework for protecting individuals who cannot care for themselves or manage their affairs. At Cavallo & Cavallo, our Westchester guardianship attorneys guide families through the guardianship process with care, clarity, and a deep understanding of New York law.

What Is a Guardianship?

A guardianship is a legal arrangement in which a court appoints a responsible individual or entity (the guardian) to make decisions on behalf of another person (the ward), who is deemed legally incapacitated. Guardianships may be needed for:

• Elderly individuals with dementia or Alzheimer’s
• Adults with developmental disabilities
• Children whose parents are deceased or unable to care for them
• Individuals recovering from serious injuries or illness

The guardian acts in the best interest of the ward, ensuring their physical, emotional, financial, and medical needs are met.

Types of Guardianships in New York

New York law recognizes several types of guardianship proceedings based on the needs and age of the individual involved.

Article 81 Guardianship (Adults)

• For adults with cognitive or physical impairments
• Guardian is granted authority tailored to the ward’s specific limitations
• May involve personal needs, property management, or both
• Requires medical evidence and a court hearing

Article 17-A Guardianship (Developmental Disabilities)

• For individuals with intellectual or developmental disabilities
• Typically used for young adults aging out of parental care
• Guardian may have broad powers over personal and financial matters
• Usually less flexible than Article 81 but simpler to obtain

Guardianship of a Minor

• Appointed when a child’s parents are deceased, incapacitated, or unable to provide care
• Guardian makes decisions regarding education, healthcare, and living arrangements
• May be temporary or permanent, depending on the circumstances

We help families determine which type of guardianship is appropriate and prepare all required legal filings.

Responsibilities of a Guardian

Guardians have legal and ethical obligations to act in the ward’s best interest. Their responsibilities may include:

• Making medical and healthcare decisions
• Arranging for housing, food, and daily care
• Managing finances, income, and expenses
• Applying for government benefits on the ward’s behalf
• Keeping detailed financial records and submitting reports to the court
• Providing annual updates about the ward’s condition and well-being

We assist guardians in understanding and carrying out their duties while remaining compliant with court orders and statutory requirements.

The Guardianship Process in Westchester

Establishing a guardianship requires a court proceeding in the Westchester County Surrogate’s or Supreme Court. The process generally involves:

1. Filing a petition requesting the appointment of a guardian
2. Notifying interested parties, including the individual at the center of the petition
3. Evaluating capacity through medical evidence or court-appointed evaluators
4. Attending a hearing where the court hears testimony and reviews documentation
5. Appointing a guardian, if the court finds it is necessary and appropriate

We handle all legal steps, documentation, and court appearances to make the process as smooth and respectful as possible.

Alternatives to Guardianship

In some cases, a guardianship can be avoided through advance planning or less restrictive options, such as:

• Durable Power of Attorney – For managing finances and legal matters
• Health Care Proxy – For medical decision-making
• Trusts – To manage property and provide for ongoing care
• Representative payee – To manage Social Security or disability benefits

We assess your situation and explore whether a less intrusive option is appropriate before pursuing a full guardianship.

Emergency Guardianship

If someone is at immediate risk of harm or exploitation and cannot protect themselves, an emergency guardianship may be granted by the court on a temporary basis.

This fast-track process allows a guardian to step in quickly and prevent further harm. We assist clients in filing emergency petitions and obtaining court orders as needed.

Terminating or Modifying a Guardianship

Guardianships are not always permanent. The court may modify or terminate the arrangement if:

• The ward’s condition improves
• A different guardian is more appropriate
• The guardian is no longer able or willing to serve
• There is evidence of abuse, neglect, or financial mismanagement

We represent family members, guardians, and wards in petitions to modify or end guardianships when circumstances change.

Frequently Asked Questions About Guardianships

When is guardianship necessary?
When a person is unable to manage their health, safety, or finances due to incapacity and there is no valid Power of Attorney or Health Care Proxy in place.

Who can serve as a guardian?
Anyone over 18 with no conflicts of interest or history of abuse or neglect. Often a family member, close friend, or professional fiduciary.

How long does the guardianship process take?
Typically several weeks to a few months, depending on complexity and whether there are objections or emergencies.

Does a guardian have unlimited authority?
No. The court limits the guardian’s authority to the specific needs of the ward, especially in Article 81 cases.

Can the ward oppose the guardianship?
Yes. The individual has the right to be heard, have legal representation, and challenge the proceeding in court.

Are guardians supervised by the court?
Yes. Guardians must file annual reports and may be subject to oversight to ensure proper care and financial management.

Serving Throughout Westchester, NY

• Scarsdale
• Bronxville
• Larchmont
• Rye
• Chappaqua
• Pelham
• Armonk
• Mamaroneck
• Dobbs Ferry
• Tarrytown

How Cavallo & Cavallo Can Help

Cavallo & Cavallo provides experienced and compassionate legal guidance in guardianship matters across Westchester. Whether you’re seeking to establish a guardianship or need help fulfilling your responsibilities as a guardian, we’re here to make the process manageable and legally sound.

Our services include:

• Filing guardianship petitions
• Representing petitioners, family members, or alleged incapacitated persons
• Preparing court documents and attending hearings
• Advising on guardian duties and reporting requirements
• Exploring alternatives to guardianship when possible
• Modifying or terminating existing guardianships

We bring clarity and support to a complex and often emotional process.

Speak With a Westchester Guardianship Attorney

If you believe a loved one needs help managing their affairs—or if you’ve been appointed as a guardian and need legal guidance—contact Cavallo & Cavallo today. Speak with a knowledgeable Westchester guardianship attorney and get the help you need to protect your loved one and navigate the court process with confidence.