Guardianship

Anyone who believes another person no longer has the capacity to manage his or her own personal or business affairs may bring an action in Supreme Court for the appointment of a guardian. Such actions are often brought by family or friends of the alleged incapacitated person. Sometimes they are brought by a nursing home, social services agency, landlord, etc.

After very careful evaluation of the evidence, the court may appoint a guardian to look after the alleged incapacitated person. A guardian may be guardian "of the property," to handle the person's financial affairs, guardian "of the person," to look after health and personal well-being, or guardian "of the person and property." The court remains permanently involved in all guardianships, requiring detailed annual reports which are reviewed by outside examiners as well as by the court.

Personal incapacity and guardianships have become a significant part of Ms. Lee's practice. She has brought actions for appointment of a guardian at the request of family or friends of alleged incapacitated persons. As counsel to court-appointed guardians she provides advice, prepares the required annual reports and accountings and works with examiners and the courts to secure the necessary approvals. In those capacities she oversees the management of assets running from quite small to quite substantial, currently totaling more than $6,000,000.

Charlotte C. Lee is a certified Guardian and Court Evaluator under §81.39 and §81.40 of the New York Mental Hygiene Law.

Ms. Lee prides herself on helping guardians maintain their wards at the highest possible level of self-sufficiency and personal dignity.

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