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The Family Center: For Families Affected by Parental Illness The Family Center: For Families Affected by Parental Illness
Home » Programs » Legal Services
Legal Services

Our attorneys provide legal services with regard to all aspects of planning for the future well-being of children in families affected by life-threatening illness. These services include drafting guardianship and standby guardianship papers and representing parents and caregivers in court; executing wills, powers of attorney, health care proxies, and "living wills"; and assisting clients with uncontested divorces and adoption proceedings.

All services are free, confidential and bilingual in English and Spanish. We provide services in the home or at our offices, whichever is most convenient for our clients.

Legal Services
To exercise control over the future of their children, parents with life-threatening illnesses need an attorney to represent them in court. The Family Center provides clients with the expert counsel they need to legalize custody plans and to prepare health directives.

  1. Standby Guardianship: Parents can choose someone who "stands-by" until needed to care for the children. There are two ways to name a standby guardian.

    • Court-Appointed: A parent goes to court and names a person selected to be the standby guardian.
    • Written Designation: A parent can name a standby guardian in writing and not go to court.

  2. Legal Guardianship: In a guardianship, there is a change of parental responsibilities right after the proposed guardian is approved by the court. Guardians can apply for public assistance for the child, whether or not they themselves qualify for public assistance.

  3. Health Care Proxy: In the event that a parent is unable to make medical decisions for themselves, they can appoint a person to make these decisions on their behalf.

  4. Will: A will is a document where a patient's wishes for who should care for his or her children can be written. The chosen person has no legal authority based on just the will alone and needs to go to court to get approval to become the guardian of the children after the death of the parent. Wishes about how belongings will be distributed and about burial and memorial services can also be stated in a will.

  5. Adoption: A parent permanently transfers parental rights and responsibilities for the children to the adoptive parent(s). The adoptive parent(s) has full parental rights and responsibilities for the children. This option is used by less than 5% of our clients.

  6. Uncontested Divorce: An attorney will prepare and file a petition for a divorce when both parties agree to terminate the marriage.

  7. Power of Attorney Power of Attorney is a document in which one gives authority to another to act on his or her behalf should the person become unable to do so.

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The Family Center
315 W 36th Street, 4th Floor · New York, NY 10018 · (212) 766-4522, FAX (212) 766-1696 · Directions
584 Nostrand Avenue · Brooklyn, NY 11216 · (718) 230-1379, FAX (718) 789-3841 · Directions
Toll Free: (800) 219-4522 info@thefamilycenter.org