Guardianship Law

The guardianship attorneys at Abrams Fensterman have handled hundreds of legal guardianship cases over the years. In a typical case, our guardianship attorneys commence legal proceedings under Article 81 of the Mental Hygiene Law on behalf of our health care clients and our individual clients. Article 81 proceedings seek the appointment of a personal needs guardian and/or a property management guardian to act on behalf of incapacitated individuals who are unable to care for their own personal or financial needs. Issues and concerns involved in our guardianship practice include:

• Article 81 proceedings under the Mental Hygiene Law of New York
• Conservatorship and guardianship appointments
• Estate planning and asset protection planning
• Government benefits and eligibility
• Insurance planning
• Medicaid planning, Medicaid eligibility, Medicaid applications and appeals
• Physician-patient relationships and privileges
• Patient placement in a skilled nursing home, long-term care facility, or assisted living facility
• Power of attorney and health care proxies
• Supplemental needs trusts
• Temporary guardianship or permanent guardianship

In especially difficult guardianship cases, courts throughout New York and New Jersey have specifically requested that the attorneys at Abrams Fensterman become involved because of our ability, experience and compassionate service in the area.

Our attorneys work closely together to ensure that our health care clients are compensated for providing care to incapacitated persons. Once our guardianship practice group secures the appointment of a guardian, our health care collections and reimbursement recovery attorneys ensure that the guardian remits payment to the provider and/or secures the appropriate public benefits. Our guardianship practice group also works with our health law attorneys regarding treatment decisions on behalf of incapacitated persons, such as placement in a long-term facility or medical interventions. We work together to ensure that our health care clients are protected from legal liability while they safeguard their patients' rights. For further information about the attorneys at Abrams Fensterman please contact us today.