As our loved ones live longer, it presents unique challenges to adult children and other loved ones in caring for family members. One such issue may be that a parent has become unable to care for him or herself due to mental impairment or injury. If this happens, a Long Island Elder Law Lawyer can help someone obtain guardianship over this elderly parent. This way, their needs can be met while still allowing them as much freedom as possible.
Proving Incapacitation with a Long Island Elder Law Lawyer
In some cases the parent will agree to guardianship, but in most a child will need to prove their elderly parent is incapacitated. In this case, there needs to be clear and convincing evidence that an elderly person will suffer harm because:
- They are unable to provide for their personal needs and/or property management; and
- This person is unable to adequately understand the consequences of their actions
The burden of proof will be on the child or the State to prove this incapacitation. A Court Evaluator may be appointed to communicate with the alleged incapacitated person, investigate the circumstances of the case, and report the findings to the Court. Soon thereafter, a hearing will be held and evidence will be presented on the question of whether the alleged incapacitated person is incapacitated. If the individual is found to be incapacitated, the Court will decide what the best and least restrictive solution is for the incapacitated person. A Long Island Elder Law Lawyer can help with the guardianship process and help you prove your case.
At The Law Offices of Seidner & Associates, PC, our attorneys have helped many clients through this complicated process. We will help prove your case and help you obtain guardianship over an elderly loved one, allowing you to handle their affairs while they try to live as normal a life as possible. To speak with a Long Island Elder Law Lawyer about your legal needs, contact The Law Offices of Seidner & Associates, PC today for a free consultation.