Originally published in AKO Estate Planning & Tax
Advisor Volume 10 Number 3, Autumn 2011
When a person becomes seriously incapacitated, there is often a
need for someone to assist them in their personal and/or economic
affairs. In such circumstances, the judicial appointment of a
guardian may be required. This article will discuss the process
under New York law, but similar statutes and safeguards exist under
other states' laws as well.
The legislative intent is that the legal remedy of a
guardianship should be the last resort for addressing a
person's needs, as it deprives the individual of power and
control over his or her life. Accordingly, the scope of the powers
of a guardian are to be tailored to meet a person's specific
needs with the use of the least restrictive level of guardianship
that is appropriate.
