Guardianships & Elder Law
Guardianships
When an adult is no longer able to manage personal or financial affairs independently, a guardianship proceeding may become necessary. These cases often involve sensitive questions concerning capacity, personal autonomy, medical care, finances, housing and the protection of an individual's property.
The Firm handles Article 81 guardianship proceedings throughout New York City and the surrounding metropolitan area, including matters in the Bronx, Manhattan, Brooklyn, Queens and Westchester County. We represent petitioners seeking the appointment of a guardian as well as Alleged Incapacitated Persons (AIPs), family members, guardians and other interested parties.
Attorney Rannylin Stephanie Dalley is regularly appointed by courts throughout the New York City metropolitan area to serve in a variety of court-appointed and fiduciary roles, including as Counsel for the Alleged Incapacitated Person, Court Evaluator, Guardian and Guardian ad Litem. This combination of private representation and court-appointed service provides valuable experience with New York guardianship matters from multiple perspectives.
An Article 81 proceeding involves far more than financial decisions. It can concern where an individual will live, who will make medical and personal-needs decisions, how property and income will be managed and what powers an appointed guardian should — and should not — have. We understand the importance of protecting an individual's safety and property while respecting independence, dignity and legal rights.
Other Guardianship Proceedings
The Firm also assists families with other forms of New York guardianship proceedings, including guardianships involving minors and individuals with intellectual or developmental disabilities. Depending upon the circumstances, a guardianship may be sought under Article 17 or Article 17-A of the Surrogate's Court Procedure Act, rather than Article 81 of the Mental Hygiene Law.
These proceedings may arise when a parent or family member needs legal authority to make decisions for a minor, manage property belonging to a minor or establish an appropriate guardianship for an individual with an intellectual or developmental disability. We help families understand which type of guardianship may apply, what authority the guardian may receive and the court process involved in obtaining an appointment.
Our guardianship and elder-law practice serves individuals and families throughout NYC, the Bronx, Manhattan, Brooklyn, Queens, Westchester and Long Island, addressing legal issues associated with guardianship, aging, incapacity, long-term planning and the management and protection of assets.
Schedule a consultation today to discuss your guardianship or elder-law matter and the options that may be available to you.
Elder Law
Elder law is not limited to guardianship proceedings. In fact, thoughtful planning can often provide alternatives to guardianship and help individuals maintain greater control over their own affairs as they transition into their golden years. Whether you are considering future long-term care needs, exploring Medicaid or other benefit programs, planning for the possibility of incapacity or simply thinking about the legacy you want to leave behind, early planning can make an important difference. RS Dalley, PLLC assists individuals and families throughout New York City, the Bronx, Manhattan, Brooklyn, Queens, Westchester and Long Island in evaluating the legal tools and planning options available to meet their particular needs.
Elder-law planning may include powers of attorney, health care proxies, advance directives, trusts, asset and long-term care planning and Medicaid planning, as well as coordination with a client's broader estate and legacy goals. Putting appropriate documents and decision-making structures in place while an individual is able to make those choices can help family members manage future needs without immediately resorting to a court-supervised guardianship proceeding. For many families, the goal is not simply to plan for incapacity, but to preserve independence, protect assets, provide for loved ones and ensure that the individual's own wishes remain at the center of future decisions.
Whether you are planning for yourself or helping an aging parent or loved one prepare for the future, the Firm can help you understand the options available under New York law. Schedule a consultation today to discuss Medicaid and long-term care planning, legacy planning and potential alternatives to guardianship.
