Caring for Those Who Need It Most
Guardianship Lawyer in Queens, NY
When a loved one can no longer manage their personal or financial affairs, families are often left feeling overwhelmed and unsure of how to protect them. Guardianship may be the only way to safeguard their well-being and assets.
What Is Guardianship?
Guardianship is a court process where a judge appoints someone (a guardian) to make decisions for a person who is incapacitated.
Types of guardianship include:
- Personal Needs Guardianship: Managing healthcare and daily living decisions.
- Property Management Guardianship: Handling finances, property, and assets.
- Combined Guardianship: Covering both personal and financial matters.
Without experienced legal guidance, guardianship petitions can stall, spark family disputes, or leave your loved one without proper protection.
How Long Does Guardianship Take in Queens?
Guardianship proceedings often take several months, depending on:
- The size and complexity of the estate
- Whether the petition for guardianship is contested or not
- How quickly paperwork is filed
- Court scheduling and backlogs
Contested cases can last much longer. My firm works proactively to minimize delays, anticipate challenges, and move your case forward as efficiently as possible.
Why Hire a Guardianship Lawyer?
Guardianship is legally complex and emotionally sensitive. I provide:
Guardianship Disputes
Guardianship often sparks family conflict, especially when relatives disagree about whether guardianship is necessary or who should serve as guardian. Richard Cary Spivack provides calm, strategic advocacy in:
- Contested Guardianship Petitions: Representing clients in cases where incapacity or need is challenged.
- Guardian Selection Disputes: Advocating for your right to serve or contesting unfit appointments.
- Family Mediation: Resolving disputes outside court whenever possible to preserve family harmony.
When litigation is unavoidable, I provide assertive representation in both Surrogate’s Court and Supreme Court.
You ask, I answer
Frequently Asked Questions
What’s the difference between guardianship and power of attorney?
A power of attorney is chosen voluntarily while a person still has capacity. Guardianship is court-ordered when a person is no longer able to make decisions.
Who can serve as a guardian?
Guardians are usually family members, but trusted friends or court-appointed professionals may serve if needed.
Can guardianship be contested?
Yes. Family members can challenge whether guardianship is necessary or who should serve. We represent clients in both defending and contesting guardianships.