Guardianships

Guardianship Attorneys in Forest Hills Helping You Care for Your Loved Ones

Making decisions about guardianship is never easy—but you don’t have to navigate the process alone. At DeCandido & Azachi, PLLC, our Forest Hills guardianship attorneys offer practical legal solutions with the compassion and care your family deserves. Whether you’re seeking guardianship for a child, an elderly parent, or an adult with special needs, we help you take thoughtful, informed steps to protect their well-being.

Our firm brings together deep knowledge of New York guardianship law and decades of experience in estate planning and probate. We use this insight to help you make the right decisions for your loved ones—while honoring your values and long-term goals.

What To Know About Guardianships in New York

A guardianship is a legal arrangement in which a court appoints a responsible person (the guardian) to make decisions for someone who cannot make those decisions on their own. This could be a minor child, an aging parent with dementia, or an individual with a developmental disability. Guardians may be given authority over personal, financial, or medical matters—or all of the above—depending on the needs of the individual.

Guardianships are often established in three main scenarios:

For minor children, when their parents are unable to care for them due to death, incapacity, or other circumstances.

For adults with disabilities who need long-term support managing their day-to-day lives.

For seniors with cognitive decline who can no longer manage their affairs or make safe decisions.

No matter your situation, our attorneys will work with you to determine the right legal path and represent your interests in Queens Surrogate’s Court with care and clarity.

Types of Legal Guardianship in New York

In New York, guardianship isn’t one-size-fits-all. The court can assign different types of guardians depending on the individual’s needs and circumstances. Understanding the options available is key to choosing the most appropriate form of protection for your loved one.

Here are the primary types of legal guardianship in New York:

Guardianship of the Person

This type of guardianship gives the appointed guardian the authority to make personal and healthcare decisions for the individual (known as the ward). It includes decisions about housing, medical treatment, education, and overall well-being. This is common when caring for a minor child, a disabled adult, or a senior experiencing cognitive decline.

Guardianship of the Property

This guardian is responsible for managing the ward’s financial affairs. Responsibilities may include paying bills, managing investments, protecting assets, and handling income or benefits. This is often necessary for individuals who own real estate, receive government benefits, or have assets that require oversight.

Guardianship of the Person and Property

In some cases, the court appoints the same person to handle both personal and financial matters. This dual guardianship is often appropriate when the ward has no capacity to manage any part of their life, or when a trusted family member is willing to step into both roles.

Article 17 Guardianship (for Minors)

Under Article 17 of the Surrogate’s Court Procedure Act (SCPA), this type of guardianship applies to minors under the age of 18 whose parents are deceased or unable to care for them. Guardians can be appointed over the person, the property, or both.

Article 81 Guardianship (for Incapacitated Adults)

This guardianship applies to adults who have been deemed incapacitated due to illness, disability, or mental decline. It is more flexible than other types, allowing the court to tailor the guardian’s authority based on what the individual specifically needs. Article 81 guardianships are granted through Supreme Court and are common for elderly individuals.

Article 17-A Guardianship (for Developmentally Disabled Adults)

Article 17-A of the Surrogate’s Court Procedure Act allows guardianship over individuals with intellectual or developmental disabilities, such as autism, cerebral palsy, or Down syndrome. It provides long-term legal authority for parents or caregivers once the individual reaches adulthood and is unable to make decisions independently.

At DeCandido & Azachi, PLLC, we’ll help you determine which type of guardianship is appropriate for your situation and guide you through the court process from start to finish. Every case is different—and we treat it that way.

Why Work With Our Forest Hills Guardianship Attorneys?

At DeCandido & Azachi, PLLC, we understand how personal and emotional guardianship cases can be. That’s why we take a personalized, detail-oriented approach. We take the time to understand your family’s dynamics, your loved one’s specific needs, and the future you’re trying to secure.

Many of our clients face complex situations—such as managing guardianship for someone who owns multiple properties or holds significant assets. Our attorneys bring experience not only in guardianship law but also in estate planning, real estate, and asset protection, allowing us to provide holistic support for both legal and financial guardianship responsibilities.

We can assist with:

Filing for guardianship through Queens Surrogate’s Court

Drafting and submitting required legal documents

Preparing you for court hearings

Helping you fulfill your duties as a guardian

Navigating contested guardianship matters

What Sets Our Forest Hills Guardianship Attorneys Apart?

We’re not just lawyers—we’re trusted advocates who serve families across Forest Hills, Queens, and Nassau County. With over a decade of experience handling sensitive legal matters, our team brings a level of professionalism, empathy, and practical insight that sets us apart.

Whether you’re planning ahead for your children, concerned about an elderly parent’s safety, or stepping into the role of a guardian yourself, we’re here to provide steady guidance and legal solutions that give you peace of mind.

Take the First Step—Schedule a Free Consultation with Guardianship Lawyer in Forest Hills

The process of establishing a guardianship can feel overwhelming, but with the right attorney by your side, it doesn’t have to be. At DeCandido & Azachi, PLLC, we’re here to help you every step of the way.

Call us today at 347-808-5746 or use our online contact form to schedule a free consultation with a local guardianship attorney who listens, cares, and takes action to protect your loved ones.

Guardianship in New York FAQs

What’s the difference between a power of attorney and a guardianship?

A power of attorney is a legal document someone signs voluntarily while they still have the mental capacity to choose who will manage their affairs. A guardianship, on the other hand, is court-ordered and only used when someone is no longer able to make decisions for themselves. Guardianship may be the only option when no prior planning documents exist.

Do I need a lawyer to file for guardianship in New York?

While it’s technically possible to file for guardianship without an attorney, the process can be legally complex and emotionally taxing. The paperwork must be accurate, detailed, and submitted to the appropriate court. Having a knowledgeable guardianship attorney ensures that your petition is handled correctly and increases the likelihood of a successful outcome.

How long does it take to establish guardianship?

The timeline varies depending on the type of guardianship and whether it is contested. An uncontested guardianship can often be established within a few months. However, if there are objections or complications, the process may take longer. Our attorneys will help move your case forward as efficiently as possible while making sure all legal requirements are met.

Can guardianship be challenged in court?

Yes, family members or other interested parties can challenge a proposed guardianship if they believe it is unnecessary or that someone else would be better suited to serve as guardian. In such cases, a judge may hold a hearing to evaluate evidence. Our firm is experienced in both filing for guardianship and representing clients in contested matters.