Reflecting on Scope of Guardianship Petitions and Appointments

, New York Law Journal

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Nancy Levitin and Moriah Adamo of Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara & Einiger write: As counsel for skilled nursing facilities, we regularly encounter judicial discomfort with appointing guardians for the limited purpose of getting an incapacitated resident's nursing home bill paid. But more expansive appointments that anticipate a resident's potential future needs will often end up being indirectly paid for by the nursing facility.

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