The case involved a long married Husband, and his Wife who unfortunately suffered from mental illness. For quite a while, the hospital where the Wife was admitted would take direction from, and consider the wishes of the Husband, regarding the treatment of his Wife. However, there came a time when the Hospital would no longer consider what the Husband had to say about his Wife’s medical care, and in fact would no longer even consult with the Husband. The Husband was basically “frozen out” of anything to do with his Wife’s care.
The law provided for a guardianship over the person and/or property of an incapacity individual. The Wife was such an individual. She could not care for herself, make decisions for herself or manage her money and property by herself. Attorney Pascazi commenced a Guardianship special proceeding to have the Husband appointed the Guardian of the person and property of his Wife. Many interested parties were served with the Guardianship Petition. A Hearing was held before a NYS Supreme Court Justice. At the close of the Hearing, the Court appointed the Husband Guardian of his Wife’s person and property. Subsequent to further submissions by Attorney Pascazi, the Court issued a Commission to the Husband as his proof of Guardianship, and his power to act for his Wife. Thereafter, the Hospital had no choice but to include the Husband in all decision making regarding his Wife’s medical care. He was frozen out no longer.
Should you, a loved one or a friend find yourself/himself/herself in need of Guardianship of the person and/or property of another, seek competent legal advice as soon as possible. The law concerning Guardianship is complex, and requires a good experienced lawyer to address. Attorney Pascazi would also like to hear about it. Pascazi Law Offices PLLC represents persons that are desire to be appointed Guardian of the person and/or property of another.
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