Guardianship Law

The guardianship attorneys at Abrams Fensterman have handled hundreds of legal guardianship cases over the years. In a typical case, our New York City guardianship lawyers 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
  • 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.

Abrams Fensterman was established in 2000, bringing together a team of top attorneys with decades of experience. We work closely together to ensure that our health care clients are compensated for providing care to incapacitated persons. To begin, we assist a client in becoming a legal guardian. 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 help ensure that our health care clients are protected from legal liability while they safeguard their patients' rights.

Contact the Firm for More Information

For further information about guardianship, please contact our law firm on Long Island at 516-328-2300, in Brooklyn at 718-215-5300, White Plains at 914-607-7010, Rochester at 585-218-9999 or Albany at 518-535-9477 to schedule an initial consultation.


Robert Abrams

Moriah Adamo

Amy F. Altman

Sarah A. Chussler

Ellen L. Flowers

Lisa Herman

Suman S. Home

Ellyn S. Kravitz

Jeffrey R. Neuman

Sheryl King-Richards

Jamie A. Rosen

Adam D. Solomon

Douglas K. Stern

Raju Sundaran

Danielle M. Visvader

Carolyn Reinach Wolf