Contested Guardianship in New York
If you are considering contesting an adult guardianship proceeding in New York, or are defending a contest, experienced New York adult guardianship attorney Daniel J. Reiter is ready to tirelessly advocate for you.
When Are Guardianship Proceedings Contested?
It is not uncommon for disputes to arise during a guardianship proceeding. Guardianship proceedings may be contested in a variety of circumstances, such as:
- Disagreements about who should be the guardian;
- Questions as to the validity of a power of attorney or advance directive previously executed by the “alleged incapacitated person” or AIP;
- Concerns about elder abuse or mistreatment;.
- Whether the AIP is actually incapacitated.
Attorney Daniel J. Reiter has extensive experience representing parties in contested adult guardianship proceedings in New York.
Family Members Cannot Agree Who Should be Guardian
A contested guardianship proceeding arises when family members disagree about who should serve as guardian.
A common scenario: multiple siblings each believe that they should serve as guardian for a parent.
Another example: A family who believes that the AIP’s financial or healthcare needs are not being properly addressed by the current guardian.
Questions Regarding the Validity of Advance Directives
If an AIP has executed a valid power of attorney and health care proxy, a guardianship is often not necessary because the AIP’s agents under the power of attorney and health care proxy have the power to make all necessary decisions.
However, if the AIP lacked the mental capacity necessary to execute a power of attorney or health care proxy, or the AIP was tricked or pressured into signing the documents, a court may find that they are invalid. In that case, a guardian may need to be appointed.
Agent is Not Acting in the Best Interest of the Disabled Adult
An agent under a power of attorney or health care proxy is a fiduciary, which means that they have a duty to act in the best interest of the AIP. If the court finds that they are not fulfilling that duty or are committing elder abuse or fraud, the court may revoke the power of attorney and health care proxy and appoint a guardian to act in their place.
The Alleged Incapacitated Person Does Not Want a Guardian Appointed
A person with diminished capacity may not recognize their limitations and may resist the appointment of a guardian. If the AIP objects to a guardian being appointed, the proceeding is contested.
Once the AIP objects to the appointment of a guardian, the person who brings the proceeding, called the “petitioner”, is subject to stringent rules of evidence. Attorney Daniel J. Reiter guides clients through this maze of evidentiary rules to ensure the most successful outcome possible.
Attorney for Contested Guardianship Proceedings in New York
If you need assistance with a contested guardianship proceeding in New York, Attorney Daniel J. Reiter can help. Daniel regularly represents parties in contested guardianship proceedings in New York City, Long Island, and Westchester County.
Learn more about Daniel J. Reiter, read testimonials from other people he has helped, and get answers to Frequently Asked Questions. Then contact the Law Firm of Daniel J. Reiter, Esq. today to schedule a consultation to discuss your case.