Peter A. Hurwitz of the Law Office of Peter A. Hurwitz, PLLC offers sound legal advice, committed advocacy, and personal service to clients who are incapacitated or disabled, who require assistance in the area of Guardianship law. As an experienced attorney and Court Examiner in the Ninth Judicial District of the Supreme Court of the State of New York, Second Department, Mr. Hurwitz has extensive experience in representing clients in the area of guardianships.
In the area of elder law guardianships, Article 81 of the Mental Hygiene Law of the State of New York authorizes the appointment of a guardian to assist elderly relatives, or individuals with no relatives, who require assistance in making personal or financial decisions. For individuals who are incapacitated and cannot handle their personal or financial affairs, Article 81 authorizes the court to appoint a guardian to assist an allegedly incapacitated person, commonly known as the AIP, in managing their personal and/or financial affairs. Not all Article 81 guardians are given the same powers by the court, as courts should, as part of their evaluation process, attempt to tailor Guardianship orders so that the powers granted to a guardian are the least restrictive and specifically necessary to meet the needs of the incapacitated person, while preserving as much autonomy possible.
The firm has represented numerous clients regarding various different issues concerning Article 81 guardianships, including establishing or contesting incapacity, which is a requirement and must be proved by some cognitive or physical disability resulting in the true need of a guardian being appointed for the ward to manage his or her personal or property decisions. Peter A. Hurwitz has provided committed advocacy for those who are attempting to establish or contest a finding of incapacity required for a valid guardianship.
An Article 17-A guardianship under the Mental Hygiene Law, is a valuable tool in planning for special needs children who are reaching adulthood. The Law Office of Peter A. Hurwitz, PLLC represents guardians in establishing Article 17-A guardianships, and has assisted in compliance and accounting responsibilities, and advocacy in obtaining benefits a ward may need to compensate for his or her disabilities.
In addition, Mr. Hurwitz has provided assistance to disabled individuals who receive government entitlements. A disabled individual receiving government entitlements would lose those benefits if they were to receive a large sum of money, for example from an inheritance or personal injury settlement. Through the experience and advocacy of Mr. Hurwitz, disabled individuals have protected their governmental benefits by creating a Supplemental Needs Trust, which will protect the money they are about to receive to be used for items not paid for by their benefits.
Contact our experienced New City law firm today
To speak with an experienced guardianship lawyer, contact the Law Office of Peter A. Hurwitz. Our offices are conveniently located in New City. Call the firm at 845-634-4966 to arrange your free consultation or contact the firm online.