In New York, there has been a 5 year ongoing guardianship battle between Mr. and Mrs. Gary Harvey of Horeseheads, NY and the Chemung County of which they reside.

This battle stems from a 2006 incident in which Gary Harvey was involved in an accident that left him both neurologically and physically incapacitated. Naturally, his wife immediately sought to be named his legal guardian. However, the Chemung County Supreme Court decided to appoint the Social Services Dept. of the county to be his legal guardian instead. A shocking decision indeed.

Mrs. Harvey has appealed to the NY Supreme Court as of May 2011 in Mr. Harvey's name and is awaiting a final verdict as to what rights the Chemung County has to the legal guardianship of her husband.

No doubt that this case has been a very long and painstaking ordeal for the Harvey family. An ordeal that might have been avoided with careful and professional estate litigation when Mr. Harvey was of sound mind and body to have been able to make pre-determined instructions for his health and well being in the event that he become incapacitated. This could have avoided this lengthy and costly court battle. Having an advanced health care directive is an integral part of any estate plan, however it may not be available in all states.

Contact a professionalLos Angeles estate litigation Lawyer at the offices of David A. Shapiro to find out what options are available to you in California in the event of an incapacitating illness or accident.

*This blog entry was not written by an Attorney and should not be constituted as professional legal advice.