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170 Mason Street, Greenwich, CT 06830

Fairfield County Guardianship Lawyers

Westchester County Guardianship Lawyers

Attorneys in Connecticut for Those Seeking Guardianship of a Disabled Loved One

At Ivey, Barnum & O'Mara, LLC, we know that nearly everyone will go through a stage in their life where they need help of some type from another person. In most cases, the needed help is temporary, as it might be for someone who is recovering from a surgical procedure or a physical injury. In some situations, however, the need for assistance is both more serious and more permanent.

Our lawyers understand that issues such as advancing age, mental disabilities, and intellectual disabilities can force a person to rely heavily on others. If you have a loved one or a family member who is unable to manage his or her affairs due to such issues, our team is ready to assist you in determining the appropriateness of seeking an adult guardianship.

Trusted Guardianship Counsel in Westchester County, New York

Guardianship of an adult can be ordered by a judge if the judge determines that the adult has some type of disability that limits or restricts his or her ability to make important decisions. In Connecticut, guardianship cases are handled in Probate Court, and the law refers to such a limitation as an "intellectual disability." In New York, guardianships are governed by Article 81 of the New York Mental Hygiene Law, which refers to a person with such limitations as "incapacitated." In short, the court must find that the adult in question requires the help of another person to make financial and medical decisions as a result of:

  • Physiological problems;
  • Psychological issues or mental illness;
  • Development deficiencies or cognitive problems; or
  • Deteriorating mental faculties.

The disability or incapacitation could occur suddenly, such as the result of an accident or contracted illness, or the problem could become more apparent over time, as in cases of Alzheimer's disease and dementia.

Determining the Role of a Guardian

At Ivey, Barnum & O'Mara, LLC, we know that courts tend to be very protective of an individual's rights. In most guardianship cases, the court will only give a guardian the authority to meet the disabled person's needs without restricting the person's ability to make decisions where he or she still can. For example, if your disabled loved one is able to keep up with paying his or her bills but struggles to understand a complicated health situation, the court could appoint a guardian to handle only medical decisions for your loved one. This type of guardianship is generally known as a limited guardianship. A plenary guardianship, by comparison, refers to a guardianship that encompasses all aspects of care for the disabled person.

Helping You Help the Ones You Love

The process of obtaining guardianship rights over an adult can be complex and confusing, but our firm is equipped to help you. We will review your loved one's situation and build a case that demonstrates the totality of his or her needs to the court. Our attorneys will also assist you in showing that you are capable of and willing to take on the responsibilities of being a guardian. With more than 65 years of combined experience, we can help you overcome any obstacles that may be standing in your way of providing the care your loved one needs.

Call 203-661-6000 Today

To learn more about adult guardianships in Connecticut or New York, contact our office. Call 203-661-6000 to schedule a confidential consultation and case review today. Our firm serves clients in Greenwich, New Canaan, White Plains, Fairfield County, Westchester County, and throughout the Metro New York area.

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