Guardianship

Guardianship, also referred to as conservatorship, is a legal process utilized when a person can no longer make or communicate safe or sound decisions about his or her person and/or property, or has become susceptible to exploitation, fraud or undue influence. New York law recognizes that minor children, as well as elderly, disabled, or incapacitated adults lack the ability to protect their personal and financial interests. For this reason, the law provides a process by which someone can ask the Court to appoint a Guardian to step in and make decisions for a person who needs assistance in these areas.

A guardian can set up a Special Needs Trust. The trust will allow a trustee to hold the person's assets for his or her benefit without compromising Medicaid eligibility, subject to certain conditions. This is a vital planning tool for all incapacitated persons under age 65 who have assets.