Guardianship Law

The guardianship attorneys at Abrams Fensterman have handled hundreds of legal guardianship cases for disabled and/or incapacitated adults.

We commence guardianship proceedings under Article 81 of the Mental Hygiene Law on behalf of our individual clients seeking to become the Guardian for their loved one. Becoming a legal guardian requires an appointment by the court. We assist our clients by advising them on all the obligations this role requires and making sure they understand their rights and responsibilities under the law. Once we are certain our clients understand and can handle these obligations, we advocate for their approval to become guardian. We understand that becoming a legal guardian is a sensitive issue. Our goal is to make the process go as smoothly as possible to help the family move forward with the comfort of knowing their loved one is protected and cared for.

The attorneys at Abrams Fensterman also defend clients who oppose the appointment of a Guardian. When a family member opposes the appointment of a guardian or has reason to believe an existing guardian is not fit for the role, we help protect our client's interest in the matter.

We also commence guardianship proceedings on behalf of our health care clients, including hospitals and skilled nursing facilities, seeking the appointment of a personal needs guardian and/or a property management guardian to act on behalf of incapacitated patients/residents who are unable to care for their own personal or financial needs. Abrams Fensterman was established in 2000, bringing together a team of top attorneys with decades of experience in the health care field. We 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, including Medicaid 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.

The attorneys at Abrams Fensterman also receive Court appointments from judges throughout various counties across New York State to act as Court Evaluator, Counsel to the Alleged Incapacitated Person and Guardian. 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.

Issues and concerns involved in our guardianship practice include:

  • Article 81 proceedings under the Mental Hygiene Law of New York
  • Government benefits and eligibility
  • 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

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

Lawrence N. Berwitz

Sarah A. Chussler

Maureen Rothschild DiTata

Ellen L. Flowers

Gerri Harris

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