Legal Question in Elder Law in New York

Together, a health care proxy and a durable power of attorney can prevent the need for a guardianship, assuming they are not being abused and they confer adequate powers, and they were made when the person had adequate capacity. If a person does not have these documents in place and then becomes incapacitated, it is then probable that a guardianship will be needed. If a guardianship is deemed necessary despite these documents for some reason, the documents will typically be deemed revoked by the court in the guardianship proceeding.