GUARDIAN LITIGATION FAQs

Q: What is a guardianship or conservatorship in New York?

A: Guardianships or conservatorship allow courts to appoint someone to manage personal or financial decisions for an adult who cannot do so safely. Powers are tailored to the person’s needs.

Q: When is guardianship or conservatorship necessary?

A: Guardianship may be needed for individuals experiencing dementia, cognitive decline, disability, or undue influence. It is considered when less restrictive alternatives are insufficient.

Q: Can a guardianship or conservatorship be contested?

A: Yes. Interested parties can challenge the need for guardianship, the choice of guardian, or the scope of powers. The Alleged Incapacitated Person (AIP) retains legal rights during the process.

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