Guardianships

We are the Hudson Valley law firm, Law Offices of James Yastion, PLLC, specializing in contested and uncontested guardianships.

To the extent possible, it is always advisable to plan in advance for incapacity through powers of attorney, health care proxies and the like.  However, if incapacity comes by surprise or is not anticipated, you may need to petition the court to be appointed guardian.

There are numerous scenarios in which a person will be deprived of the ability to adequately manage his or her affairs.  Legal incapacity can be due to the aging process, the onset of dementia, brain and nervous system disorders, and other causes.

If you have a loved one, young or elderly, who has lost capacity, don’t wait any longer to contact an attorney to determine the appropriate steps forward to ensure your loved one is protected and cared for.

At the Law Offices of James Yastion, PLLC, we bring years of experience representing all parties in guardianship proceedings both in the Supreme Court under Article 81 of the Mental Hygiene Law or in the Surrogate’s Court under Article 17 and 17-A of the Surrogate’s Court Procedure Act.

We will provide the fully range of guardianship services including commencing guardianship proceedings, handling each stage of the process from the petition to the hearing to the annual accountings.   We will also represent guardians with regard to day-to-day administration of the guardianship estate.  We will prepare periodic applications to the court for withdrawals for necessities, and assist clients in preparing and defending their annual and final guardianship accountings.

If disputes arise, we are well versed in handling contested guardianships for both minor children and adults with disabilities.  We will litigate all relevant issues including disputes between petitioners both seeking guardianship letters and commence petitions to recoup assets allegedly misappropriate or wasted by appointed guardians.

Contact the Law Offices of James Yastion, PLLC at (845) 255-4400 to schedule an initial consultation to discuss your legal concern.