Mr. Reiter routinely represents petitioners in proceedings for the appointment of a guardian, guardians, alleged incapacitated persons, and incapacitated persons. He also serves as an independent court-appointed guardian.
Mr. Reiter is an experienced estate litigator and practitioner in Surrogate’s Court, where he handles kinship proceedings, will contests, turnover proceedings, contested accounting proceedings, creditors’ claims against estates, wrongful death compromise proceedings, and a variety of other matters. He is regularly appointed as a Guardian ad Litem for disabled individuals in Surrogate’s Court proceedings.
During law school, Mr. Reiter interned in Richmond County Surrogate’s Court, where he played a leading role in drafting a judicial decision regarding a guardianship dispute.
Mr. Reiter is an active member of the New York City Bar Association’s Mental Health Law Committee, and belongs to the Orion Resource Group, a knowledge-sharing organization for senior and elder care professionals.
He is also certified by Part 36 of the Rules of the Chief Judge to serve as Attorney for the Guardian, Guardian, Attorney for the Alleged Incapacitated Person, Court Evaluator, Guardian ad Litem, and as a Supplemental Needs Trustee.
Prior to becoming an attorney, he worked as a political reporter for Politicker.com, providing political coverage from the floors of the 2008 Republican and Democratic National Conventions. Following his departure, he was lauded as an “omnipresent” reporter by the Baltimore Sun.
Mr. Reiter lives in New York City with his wife, a health care professional and photographer.
No. Even if you are the “petitioner” – the person who is asking the judge to appoint a guardian – you can ask the judge to appoint someone else. If there are no family or friends willing and able to serve, the judge can appoint a non-profit organization or “independent” professional guardian to serve.
No (except for limited exceptions). In New York, parents are the natural guardians of their children until age 18. However, once a child reaches 18, even if they are developmentally or intellectually disabled, a parent cannot automatically make decisions for their adult child. Guardianship is often necessary for developmentally and intellectually disabled adults who do not have capacity to manage their own affairs without assistance.
Although most guardians are authorized to make routine and non-routine medical decisions on behalf of their ward, the administration of psychiatric medication to a person who objects requires special authorization from a judge, even if you were already appointed guardian.
There is no set time. However, from the time counsel is retained, it usually takes about 2-4 months total for the guardian to begin acting. However, if a guardian is needed immediately, the judge can appoint a “temporary guardian” while everything gets sorted out. This speeds up the process.
Generally, none. New York used to use the terms conservator (today’s version of guardian of the property) and committee (today’s version of guardian of the person). Many states still use the term conservator, but the concept is the same.