Partner
Paul P. Marchese
A trusted counselor to North Shore families for more than three decades, Paul guides clients through estate planning, trusts, and probate with the patience and precision that complex family wealth demands.
Read full bioElder Law · Guardianship
Adult Guardianship in Manhasset for Families Facing a Loved One's Sudden Incapacity
When a parent, spouse, or sibling can no longer safely manage personal or financial decisions, Marchese & Maynard, LLP guides Nassau County families through Article 81 guardianship petitions in New York Supreme Court. Our attorneys evaluate less restrictive alternatives first and, when court authority is necessary, seek a narrowly tailored order that protects the person while preserving as much independence as possible.
What to Expect
The Article 81 Authority and Oversight Matrix
If you have ever discovered a depleted account while everyone assumed someone else was watching, you already know the problem guardianship is designed to address. The question is not only whether protection is needed. It is whether a court order is necessary because informal support, a power of attorney, or a health care proxy no longer provides enough protection.
- Property Management Powers: A guardian may be authorized to pay bills, manage accounts, apply for benefits, marshal assets, retain professionals, and handle other financial matters specifically listed in the order.
- Personal Needs Powers: A guardian may be authorized to make decisions about care providers, residence, benefits, access to confidential records, and certain health care decisions. The scope depends on the court's findings on functional limitations.
- Transfers and Major Asset Decisions: Transfers, gifts, trust planning, or other substantial asset changes may require specific authority and additional court review under Article 81.
- Capacity Review: The court evaluator investigates the petition, meets with the alleged incapacitated person, and reports findings to the court before the hearing.
- Reporting and Accountability: Article 81 guardians file required reports, and court review helps monitor the guardian's activity over time.
- Limits on Authority: An Article 81 guardian cannot act beyond the powers listed in the court order.
The Difference
Why Guardianship Petitions Fail Without Careful Preparation
A guardianship case can still fail when a guardian does not file required reports, mixes personal and guardianship funds, exceeds the powers in the order, or makes decisions without considering the person's preferences and prior expressed wishes. Article 81 creates a court-supervised structure designed to address documented functional limitations while preserving as much independence as possible.
The court order identifies the powers the guardian may exercise. The guardian must use those powers for the incapacitated person's benefit, and the court retains oversight for the duration of the appointment. We prepare petitions with the anticipated scope of authority in view, so the order that issues actually matches what the family will need to do.
- Petition Preparation: Identifying the specific powers the court will be asked to grant so the order matches the family's actual decision-making needs.
- Court Evaluator Coordination: Providing the evaluator with financial, medical, and personal records the investigation will require.
- Hearing Presentation: Presenting evidence of functional limitations and the least restrictive alternative available under Article 81.
- Post-Appointment Compliance: Preparing the initial and annual reports, accountings, and any petitions for expanded authority when circumstances change.
How It Works
When Voluntary Arrangements Are No Longer Enough
A guardianship petition may become necessary when voluntary arrangements no longer work. Examples include unpaid bills, financial exploitation, inability to manage medications, unsafe living conditions, disputes over care, or an institution's refusal to honor an existing power of attorney.
Under Article 81, the court may appoint a guardian with authority over personal needs, property management, or both. The real question is not which label is better. The question is what authority is necessary, whether less restrictive alternatives are available, and whether the proposed guardian is suitable to serve.
When Plans Change
Serving Nassau County Families Through Court, Hospital, and Home
Guardianship hearings are generally scheduled after the court signs an order to show cause and appoints a court evaluator. The timing, evidence, service requirements, and potential objections can affect how quickly a case moves forward. Our attorneys meet with families at homes, hospitals, long-term care facilities, or through remote consultation when appropriate.
From Great Neck to Roslyn, Port Washington to Garden City, we work with Long Island families throughout the North Shore and central Nassau County. Article 81 guardianship proceedings for Nassau County residents are handled through Nassau County Supreme Court in Mineola.
- Hospital Discharge Coordination: Petitions filed on shortened notice when a discharge plan requires a legal decision-maker.
- Adult Protective Services Response: Working with APS when financial exploitation or unsafe living conditions are documented.
- Family Dispute Management: Structuring guardianship where siblings disagree about care or asset decisions.
- Nassau County Supreme Court Filings: Handling petitions, hearings, and post-appointment reporting through the Mineola courthouse.
Our Partners
Counsel rooted in Manhasset, trusted across the North Shore.
Two partners. One standard of care. Every plan is drafted, reviewed, and signed under their direct guidance.
Partner
Robin S. Maynard
Robin brings decades of experience and a client-centered approach to elder law, Medicaid planning, and guardianship matters, advocating for families during the most consequential transitions of their lives.
Read full bioClient Stories
Families who can finally rest easy.
★★★★★4.7 Google rating
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Read all 27+ on Google“Robin and Paul walked our family through a trust restructure after my father's stroke. They explained every clause in plain language and the Nassau County Surrogate filings closed without a single delay.”
“We finally have a real estate plan, not a binder collecting dust. The team made sure our co-op shares were actually transferred into the trust. Worth every minute of the consultation.”
“After two other attorneys gave us conflicting Medicaid advice, Marchese and Maynard laid out the lookback timeline on paper and built a plan that protected our home. Calm, precise, and patient.”
“Probate could have been a nightmare. They handled the executor paperwork, creditor notices, and a contested distribution without us ever having to argue with family. Genuine pros.”
“Paul drafted our wills, healthcare proxies, and powers of attorney in a single afternoon, and the bank accepted the POA without a single follow up call. That alone tells you they know what they are doing.”
“Trusted, local, and responsive. Robin took my call on a Friday afternoon when I was panicking about my mother's nursing home admission. By Monday we had a clear plan and the right documents in motion.”
Frequently Asked
Questions, answered plainly.
Which is better, guardianship or conservatorship?
In New York, this is usually not a choice between two current legal proceedings. New York repealed its former conservatorship law and now handles adult incapacity cases under Mental Hygiene Law Article 81 guardianship.
Families may still use the word conservatorship because it appears in national media, out-of-state legal resources, and online searches. In New York, adult incapacity cases are generally handled through Article 81 guardianship proceedings.
Under Article 81, the court may appoint a guardian with authority over personal needs, property management, or both. The real question is not which label is better. The question is what authority is necessary, whether less restrictive alternatives are available, and whether the proposed guardian is suitable to serve.
Why are people put in conservatorships?
In New York, families using the term are usually seeking Article 81 guardianship for an adult who cannot safely manage personal needs, financial affairs, or both.
A guardianship petition may become necessary when voluntary arrangements no longer work. Examples include unpaid bills, financial exploitation, inability to manage medications, unsafe living conditions, disputes over care, or an institution's refusal to honor an existing power of attorney or health care proxy.
How much does a guardian get paid?
Guardian compensation is not automatic. Under Article 81, the court may approve reasonable compensation based on the guardian's duties, the size of the estate, and the services actually performed. Compensation is subject to court review and reporting requirements.
What disqualifies you from being a guardian?
New York does not use one automatic disqualification rule for every guardianship candidate. The court evaluates whether the proposed guardian is suitable to exercise the requested powers. The court may consider the proposed guardian's relationship to the person, any conflicts of interest, prior conduct, and the ability to carry out the responsibilities the order will require.
Areas We Serve
Service Area Coverage for Guardianship
Marchese & Maynard, LLP serves families throughout Manhasset and surrounding Nassau County communities, providing guardianship counsel at clients' homes, hospitals, care facilities, or through remote consultation. From Great Neck to Roslyn, Port Washington to Garden City, our attorneys work with Long Island families across the North Shore and central Nassau County. Nassau County Article 81 petitions are filed in Nassau County Supreme Court in Mineola.
Service area coverage
- Serving Manhasset, Great Neck, Port Washington, Roslyn, Garden City, and surrounding Nassau County communities
- Accessible via Northern Boulevard, the Long Island Expressway, Shelter Rock Road, and Searingtown Road
- Coverage extends west toward the Queens border and east toward Oyster Bay
- Guardianship counsel available for families coordinating hospital discharge, long-term care placement, Adult Protective Services concerns, or sudden loss of decision-making capacity
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