Family Lawyers
Guardianship
Guardianship law protects vulnerable individuals, minors without parents, elderly people with cognitive decline, and individuals with disabilities, by establishing legal arrangements ensuring they receive appropriate care and that their assets are protected. New York guardianship law distinguishes between guardianship of minors (for children whose parents are deceased or unable to care for them) and guardianship of incapacitated adults (for elderly or disabled individuals whose capacity is compromised). Article 81 of the Mental Hygiene Law creates a modern alternatives-to-guardianship framework that preserves more autonomy and rights for incapacitated individuals than traditional guardianship. Nadia Moynihan has extensive experience establishing guardianships and conservatorships for both minors and adults. She helps families navigate complex proceedings, ensures that vulnerable individuals receive necessary protection, and strives to preserve dignity and autonomy whenever possible.
Guardianship of minors typically arises when both parents have died or when courts determine parental custody is no longer in the child's best interests. The guardianship process involves a petition to family court, background checks, home studies, and a hearing where the court determines whether guardianship serves the child's best interests. Once appointed, a guardian has the authority and responsibility to provide for the child's physical care, education, medical care, and general welfare. Guardianship of incapacitated adults traditionally involves appointing a guardian with broad decision-making authority over the incapacitated person's personal and financial affairs. However, New York's Article 81 provides alternatives, guardianship of person only (for personal and medical decisions) or guardianship of the estate only (for financial decisions), and other less restrictive arrangements like powers of attorney or health care proxies. Nadia helps families choose the appropriate arrangement and guides them through the legal process.
Guardianship of Minors
Nadia represents individuals seeking to become guardians of children whose parents have passed away or are unable to provide care. She prepares guardianship petitions, gathers required documentation, represents clients through court hearings, and obtains guardianship orders. She ensures guardians understand their authority and responsibilities and guides them through ongoing guardianship administration.
Adult Guardianship & Article 81 Proceedings
When an adult becomes incapacitated due to aging, illness, or disability, Nadia helps families pursue guardianship or Article 81 alternatives. She evaluates whether traditional guardianship is necessary or whether less restrictive alternatives like powers of attorney or health care proxies are appropriate. For those requiring guardianship, she guides families through Article 81 proceedings.
Conservatorship & Fiduciary Duties
When a guardian is appointed for an incapacitated person's estate, the guardian must fulfill fiduciary duties, managing assets prudently, keeping detailed accounts, and acting in the incapacitated person's best interests. Nadia advises guardians on their duties and can represent them in court proceedings regarding estate management and expenditures.
Why Choose Nadia for Guardianship
Comprehensive Knowledge of NY Guardianship Law
New York's guardianship statutes are detailed and the rules for guardians are strict. Improper guardianship proceedings can be vulnerable to challenge. Nadia's deep knowledge of guardianship law, the alternatives provided by Article 81, and best practices in guardianship administration ensures that protective arrangements are established correctly and are resistant to challenge.
Advocacy for Incapacitated & Vulnerable Individuals
Nadia's guardianship practice is rooted in protecting vulnerable individuals while preserving their dignity and autonomy to the maximum extent possible. She understands that guardianship strips individuals of significant rights and advocates for less restrictive alternatives when appropriate. She ensures that guardianship is used as a protection tool, not as a means of control.
Support for Guardians Throughout Their Tenure
Nadia does not disappear after a guardianship is established. She advises guardians on their ongoing responsibilities, helps with court reports and account filings, and represents guardians in proceedings regarding expenditures or other guardianship matters. Families value her continued support throughout the guardianship.
Common Questions
Frequently Asked Questions About Guardianship
Guardianship is a court-ordered arrangement for minors whose parents are dead or unable to provide care, or for incapacitated adults. A guardian has broad authority over the minor's or incapacitated person's care and, often, financial decisions. Custody typically refers to arrangements within family law (divorce, paternity cases) where one or both parents retain parental rights even though a non-parent may have physical custody. Guardianship involves a more complete transfer of authority from parents to a non-parent.
Article 81 of the Mental Hygiene Law creates a civil proceeding to establish guardianship or other arrangements for incapacitated persons. Unlike traditional guardianship, Article 81 permits less restrictive alternatives, such as appointing a surrogate decision-maker or establishing a power of attorney, if guardianship is not necessary. Article 81 proceedings also include more robust protections for the incapacitated person, including the right to counsel and the right to be examined by the person's own physician.
A prospective guardian files a petition with Family Court stating the child's situation and requesting guardianship. The petition must include parental consent (if parents are living) or evidence of unfitness. A home study is typically conducted. The prospective guardian must undergo background checks and may be interviewed by a law guardian. A court hearing is held, and the judge determines whether guardianship serves the child's best interests.
A guardian of a minor must provide for the child's physical care, nutrition, education, medical and dental care, and general welfare. The guardian must act in the child's best interests. A guardian of an incapacitated adult has similar responsibilities for personal care and medical decisions, and a guardian of the estate must manage the person's assets prudently. All guardians must file reports with the court and keep detailed accounts of their actions.
A guardianship of a minor terminates when the child reaches age 18 (or when a court finds the child is no longer a minor). A guardianship of an incapacitated adult can be terminated by court order if the person is no longer incapacitated or if guardianship is no longer in the person's best interests. The incapacitated person can petition to terminate guardianship, or a guardian can petition for termination. Nadia can advise on termination procedures.
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Get in Touch
Speak With a Guardianship Attorney Today
Contact Nadia Moynihan, Esq. to discuss guardianship arrangements for minors or incapacitated adults. She protects vulnerable individuals throughout Albany and the Capital Region.
Ready When You Are
Speak With a Guardianship Attorney Today
Contact Nadia Moynihan, Esq. to discuss guardianship arrangements for minors or incapacitated adults. She protects vulnerable individuals throughout Albany and the Capital Region.
423 Loudon Rd, Albany, NY 12211 · Mon to Fri, 8 AM to 5 PM