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My legal guardianship for my adult brother who is in a nursing home was revoked by the nys court how can I get it back?

Bronx, NY |

I was told it was because I didn't file an annual report

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Attorney answers 3


Before the court takes action such as discharging a guardian, there is usually a hearing and notice. If you received any type of notice regarding your failure to file an annual account and report, you should have responded. You can try filing a motion to get the case on the calendar and explain why you failed to file your accounting with a copy of the completed accounting. However, I would suggest you consult with an attorney experienced in guardianship matters to assist you.


Consult with a local lawyer who handles guardianship cases. Bring the entire file to the lawyer to review.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or


My colleagues are correct; you should consult with a local guardianship / conservatorship attorney to review the specifics of your situation.

** LEGAL DISCLAIMER ** My response above is not legal advice and it does not establish an attoreny-client relationship. When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel. Law Offices of Eric J. Gold Telephone: 818-279-2737 Email: service@egoldlaw.con

Lawrence A Friedman

Lawrence A Friedman


Agreed but the poster should expect a potentially tough time to get guardianship back after it was revoked by the court. May not be worth pursuing.

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