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Guardianship Attorney

Compassionate Guardianship Attorney Guides You Through the Process

The knowledge that you have prepared for your loved ones future financial security brings you assurance and comfort. Preparing for the care of your family after you pass away is essential, especially if you have young children.

Making a decision regarding their future care is vital, particularly if you are a single parent or if both parents die at the same time. If you do not name a guardian, the court will appoint a guardian for your children and can make decisions in conflict with your ultimate parenting goals.

When a parent or elderly or disabled relative can no longer make decisions or care for themselves properly, guardianship can help you help them.

Richard Cary Spivack answers all your questions on guardianship, including:

  • How do I begin the process to appoint a guardian for my children?
  • What types of guardianships are there?
  • When is a guardianship warranted?
  • How long does it take a court to grant guardianship?
  • What does the guardian have to do?
  • Who can be a guardian for an adult?
  • How long does a guardianship last?
  • What is limited guardianship?
  • Can guardians be removed or have their guardianships modified?
  • What is the court’s role in a guardianship?

Ensure your children’s future with an experienced guardianship attorney

Not everyone hires an attorney to ensure a child’s future, but sometimes getting a probate attorney for this matter is the safest and smartest thing to do. Guardianship law is complex and changes frequently. Courts are no longer giving appointed guardians free rein, but are doing more to supervise them. After a parent’s death, in most states, the person who wishes to become a guardian must file a petition asking the Supreme court or Surrogate’s court for guardianship rights. I can effectively manage any guardianship issues or concerns you might have before things get complicated, and can clearly resolve any murky or confusing legal matters.

Choosing a guardian for your child

You should name a guardian who will raise your children according to your parental philosophies. The court will reject a guardian who is unwilling or unable to care for your child. I suggest you name an alternate guardian to fulfill the role if your primary guardian choice is unavailable. I also recommend that you thoroughly discuss your decision with your chosen guardian to confirm that he or she is willing and prepared to accept full responsibility for caring for your child as you see fit.

Importance of a will

Naming a guardian is especially important if you are a single parent or in case both parents die in a common incident. If you do not name a guardian, the court will appoint a guardian for your children, and might decide on someone who would be unacceptable to you. You can make your own parenting decisions by drafting a will and updating your will should your designated guardian die or become incapacitated.

Importance of a power of attorney

Creating a power of attorney allows you to select an agent to manage your personal and financial affairs in the event of illness or incapacity.  You can avoid the neccessity, time and expense of a guardianship proceeding and assure that trusted loved ones are in charge.

Caring for an incapacitated adult

I can guide you through the court process to appoint you or a guardian you can trust to manage the personal and financial needs of your loved one.

Contact a Forest Hills, New York guardianship lawyer you can trust

For thorough and professional legal service throughout Brooklyn, Queens, Nassau and Suffolk counties, call Richard Cary Spivack at 718.544.1000 or contact me online to schedule your free initial consultation.

Richard Cary Spivack is conveniently located in Forest Hills on Queens Blvd. near Union Turnpike.He is close to the Queens Criminal Courthouse. His practice serves clients throughout Brooklyn, Queens & Long Island