You care about your loved one but you cannot protect their assets, pay bills or even make decisions on where they should live. Unfortunately your loved one did not execute Advance Directives. So, your next step is to commence a Guardianship proceeding in Court to be appointed legal guardian. For individuals (other than developmentally disabled), you need an Article 81 Guardianship and will need an attorney to assist you with the filing court papers and attendance at a Court hearing. Once appointed, you will be able to pay bills, make health care decisions and even implement Medicaid and tax planning, if necessary.
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Additional Questions:
- My spouse was just admitted to a nursing home. How can I pay for their care?
- My child has special needs. What government benefits are available?
- When I pass away, how do I leave assets in a protective way for my children and grandchildren?
- How do I keep my plan current?
- How will financial and health care decisions be made and by whom, if I am not able to make them?
- My parent needs care at home. How can we access Medicaid to pay the bills?
- How do I minimize federal and New York State estate taxes?
- What do I need to know when I sell my house?
- My loved one lacks capacity to make decisions. Do I need a Guardianship?
- I had to stop working because I became disabled. Do I qualify for Social Security Disability?
- I am in need of assistance at home. As a Veteran, is there any benefit I can receive to help pay for my care?