From Special Needs Planning to Crisis Intervention for Seniors.

Seeing a loved one lose the ability to make safe decisions is heartbreaking. Whether it is an aging parent with dementia or a child turning 18 with a developmental disability, you need legal authority to keep them safe.

In New York, you cannot just "take over" for someone because you are family. Without a legal designation, you cannot access their bank accounts to pay their mortgage, and you cannot speak to their doctors.

At the Law Office of Samantha Fix, I help families navigate the complex New York Guardianship system to gain the authority they need—compassionately and efficiently.

The Two Types of Guardianship in New York

"Conservatorship" is a TV term. In New York, we handle two specific types of Guardianship proceedings depending on the need.

1. Article 81 Guardianship (Incapacitated Adults) This is for adults who were once independent but have lost capacity due to dementia, stroke, or injury.

How it Works: It is not "all or nothing." The court grants you only the powers you need (e.g., managing finances or making medical decisions) while letting your loved one keep as much independence as possible.
My Role: I represent families petitioning for guardianship to stop financial exploitation or to ensure a parent gets necessary medical care.

2. Article 17-A Guardianship (Developmental Disabilities) This is for individuals with intellectual or developmental disabilities (like Autism or Cerebral Palsy) who are turning 18.

The "Cliff": When your child turns 18, you legally lose the right to make their medical and educational decisions.
The Solution: I help parents become legal guardians of their adult children to ensure there is no gap in care or benefits.

The Better Option: Avoiding Court Entirely

Guardianship is a powerful tool, but it is also public, expensive, and time-consuming.

The best estate plan is the one that keeps you OUT of court.

If you are healthy now, we can avoid a future guardianship proceeding by signing:

Durable Power of Attorney: Appoint a trusted agent to handle your finances immediately if you get sick.
Health Care Proxy: Designate someone to make medical decisions the moment you cannot speak for yourself.

If you have these documents, your family likely won't need a judge's permission to help you. If you don't, Guardianship is often their only option.

Why Work With a "Digital Concierge" Attorney?

Guardianship proceedings move fast. You need an attorney who is responsive.

Crisis Management: If a senior is being financially exploited, I move quickly to freeze assets.
Annual Reporting: Being a Guardian comes with strict court reporting requirements. I handle the paperwork so you don't get in trouble with the judge.

Take the Next Step

Whether you need to file for Guardianship today or want to create a plan to avoid it tomorrow, I am here to help.

Contact me today at (516) 716-8700 or use the form below to schedule your consultation.