DYKER HEIGHTS — Hon. Maria Aragona explained and discussed guardianship at the most recent Bay Ridge Lawyers’ CLE, which took place at Mama Rao’s, 6408 11th Ave., April 15.
Guardianship is defined as a legal arrangement that gives a person or organization the power to make decisions for someone else. In New York State, under Article 17-A, a guardianship is specifically for individuals with intellectual or developmental disabilities, while guardianship under Article 81 is for any incapacitated adult.
“With regards to Article 81 guardianships, the typical petitioners are family members, friends, loved ones, anyone close to that person,” Aragona said. “The second category of petitioners is usually the Department of Social Services or Adult Protective Services.”
According to Aragona, the use of guardianships by children is rising rapidly in Kings County. “They might get wind of the fact that their parents are going to leave them less or out of their lucrative estate or trust, and they want the court to file an Article 81 guardianship,” she said.
Guardianship affects everyone, and no one can escape it, Aragona said. “It is so important that we all go home and ask our family, ‘Do you have a health care proxy? Do you have a power of attorney?’ No one thinks about this in their 20s, 30s and 40s, but it’s something that must be addressed as early on as possible,” she said.
Legal professionals in the room were impressed with Aragona’s presentation. Columbian Lawyers Association of Brooklyn President Mario Romano, Esq., said the discussion of health care proxies, wills and other documentation so others are not left with the burden of tough decisions to be made about one’s life was “incredibly important when it comes to preparing for your advanced years.”
Christina Fratangelo, Esq., called the CLE “very informative.”
“It highlighted the importance of having advanced directives such as a power of attorney and health care proxy,” she said. “I also learned that there are many parties involved in this process, and just because you’re a family member, it doesn’t mean that it’s that easy to actually get guardianship. There are still a lot of hoops you have to jump through.”
Bruno Codispodi, Esq., said Aragona did an excellent job. “She spoke in detail about some of the excruciating decisions that have to be made by the court and the nuances to this area of law that are required to effectively render justice in guardianship proceedings. I learned that there are options for a limited guardianship, as well.”
Robert Howe, Esq., noted that planning for the future is imperative and this CLE stressed that point. “Certainly, we are hoping that these things happen 50 or 100 years from now, but if it happens tomorrow, you need all these documents yesterday,” Howe said.
From left: Christopher Caputo, Esq., Yolanda Guadagnoli, Esq., and Mario Romano, Esq. Photo: Mario Belluomo/Brooklyn Eagle
Background
Aragona, who became a Civil Court judge in Kings County in 2021, presides over matters impacting neighborhoods, such as Williamsburg and Bushwick, in the third municipal district.
Before ascending to the bench, Aragona cultivated a broad legal background in both private practice and the court system. Early in her career, she represented clients in family law, domestic violence and criminal defense matters.
Aragona’s transition to public service began in 2012 when she joined the Kings County Supreme Court as a law clerk. Soon after, Aragona rose to the position of principal law clerk to a Supreme Court justice and was elected to Civil Court in 2020.
Aragona earned her juris doctor and a master’s degree in law from Hofstra University School of Law.
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