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Queens Guardianships

Estate Planning Lawyer Serving Queens

Queens is the easternmost of five boroughs in New York City. It is located adjacent to Brooklyn, and both JFK International Airport and La Guardia are located there. Of the five boroughs it has the most diverse economy. If you are concerned about getting a guardianship or fighting off a guardianship in Queens, you may have a lot of questions about mental incapacity or other issues. Jules Haas is an experienced Queens guardianship attorney who may be able to help you understand your legal rights and options.

Queens Guardianships

In a Queens guardianship, somebody is empowered by the court to make decisions for a ward, or someone who is unable to make these decisions on his or her own. Only those who are at least 18-years-old and a citizen or legal resident of the country can apply to be a guardian, and a judge makes a final determination about whether someone can or cannot be a guardian.

Both children and adults who are incapacitated or who have psychiatric or developmental disabilities may be wards for purposes of guardianships in Queens. For example, a child whose parents have passed away may be the ward in a guardianship. For another example, if your father has severe bipolar disorder and suffers from psychosis and cannot manage his affairs, it may be appropriate to seek a guardianship for him. A knowledgeable guardianship lawyer in Queens can help you determine whether a guardianship may be called for in your situation.

Article 81 Guardianships

An Article 81 guardianship may be appropriate for an adult who is incapacitated by old age or due to illness or injury. Article 81 guardianships are supposed to provide the least restrictive form of intervention to someone with functional incapacities that still allows them to use the self-determination and independence of which they're capable. Generally, this type of guardianship provides a certain level of flexibility, whereas an Article 17A guardianship requires a less intricate determination.

The judge can tailor the scope of the guardianship with the help of an appointed court evaluator. The court evaluator can look closely at the disabled or incapacitated person's life and determine to what extent a guardianship is needed. There are some people who are so incapacitated that they need help with every aspect of their lives. However, there are others who simply need help with their financial affairs. The court holds a hearing to determine the scope of the Article 81 guardianship.

The court must be petitioned for an Article 81 guardianship proceeding to take place, and a skilled Queens guardianship attorney can help you with this. The Guardianship Petition contains important information regarding the assets and circumstances of the alleged incapacitated person. The investigator or evaluator is appointed by the court after the petition is filed. Sometimes the incapacitated person will have a lawyer appointed for them. A petitioner will need to provide clear and convincing evidence at a hearing that a proposed ward can't handle certain elements of managing his own finances or daily affairs. The court will examine the extent to which a person can handle his activities of daily living. If the proposed ward or somebody else opposes, they will also have an opportunity to present their case to the court.

Responsibilities of the Article 81 Guardian

An Article 81 guardian will have specific duties and obligations toward the incapacitated person. They need to have duties explained to them and file a first report with the court. After the initial report, they will need to file a report on an annual basis.

Article 17 Guardianships

If a minor needs a legal guardian, an Article 17 guardianship will need to be filed in the Surrogate's Court. For example, if the minor's parents die in a plane crash, it may be necessary to appoint a guardian to take care of the minor and also manage any property left by the parents. Usually, Article 17 guardianships are broad, providing a guardian with the right to make any parental decisions. The guardian may have the minor live with him or her.

Consult an Experienced Guardianship Attorney in Queens

For over 35 years, lawyer Jules Haas has worked with clients, assisting them in seeking or fighting against the imposition of guardianships. He's an experienced attorney who is tenacious and thorough, and who earns client satisfaction. If you have questions about a guardianship in Queens, contact us at (212) 355-2575 or through our online form.

Client Reviews
★★★★★
I am very grateful to Mr. Jules Martin Haas attorney of law in New York. I am from Buenos Aires Argentina. He managed with expertise a very difficult situation. of a complicate heritage from my aunt Anna Grodzka that lived and died a very long time ago in New York. I recommend him not only for his extraordinary knowledge but also for his kindness. Irma CW Peusner
★★★★★
I found Mr. Haas after being misguided by a former attorney. Mr. Jules Haas took our case which involved an estate/trust dispute. What initially seemed like an impossible and overwhelming legal fight was now in the hands of someone who had the integrity and legal expertise to win our case. Mr Haas' attention to detail and his expert knowledge base, skillfully and successfully guided us through an intricate legal process. I am very thankful and grateful to Mr. Jules Haas for representing our interest and ultimately winning. Bringing about a peace of mind we needed. Thank You Devida Nedd
★★★★★
I was in need of a guardianship attorney and I hired the services of Jules M. Haas' Law firm. The service of counselor Haas and his staff, was very profesional and the case was handled in a timely matter. I would strongly recommend his services Angel Guevara
★★★★★
I strongly recommend Jules Haas. I have worked with him for two years and he has provided so much support and followed through with everything he promised he would do. His support staff is just as helpful! We had an interesting case and he helped to solve each part of it legally and was very thorough. Thank you for everything you have done to finalize our families estate Robyn Stafford
★★★★★
Jules Haas helped me with managing the process in probate court for my father's estate through to its completion upon the sale of my father's house. He was knowledgeable, efficient, and effective in submitting documentation to the probate court, explaining procedures to me, and advising me as to the progress of my case. His support staff was also very helpful. He made what for me created so much anxiety into something manageable where I could see progress every step of the way. His fees were very reasonable. I am super grateful to him for all the help he has provided and strongly recommend his services. Diana Janer
★★★★★
I just completed an estate transaction where Jules Haas represented my client in an estate and he did a great job! He was very quick at responding to all matters throughout the sale process, he was detailed, he was knowledgeable and he was a pleasure to work with. I just recommended him to some new clients who are going through an estate matter and will continue to recommend him. Rodolfo Lucchese