KINSHIP CARE AND GUARDIANSHIP

At Center for Elder Law & Justice we understand the emotional and legal complexities that come with becoming a caregiver. Whether you are seeking guardianship or providing kinship care, our team is here to guide you through the legal process, protect your rights, and ensure the persons best interests are at the heart of every decision. We offer compassionate, accessible legal services to help you secure the support and authority you need to care for the people who depend on you. To find out if you qualify for services, please contact us at 716-853-3087.

Kinship Care

Our Kinship Care Unit offers free legal representation to kinship caregivers of all ages. Navigating Family Court can be challenging, especially if you're unsure what to expect. In most cases, Family Court staff are not allowed to provide legal advice, which makes having an attorney especially important. An attorney can help you understand your options, prepare and file petitions, and represent you during court appearances.

Program Eligibility

  • Resident of Erie or Niagara County

  • There are no age requirements

  • Income guidelines may apply to those under age 55

Services Available

  • Administrative matters

  • Adoption

  • Child support

  • Custody

  • Family offense

  • Guardianship

  • Representation in neglect and abuse

Frequently Asked Questions

Is Child Protective Services required to place a child with a family member?

  • The law does have some requirements that a “suitable relative” be located before placing children in non-relative foster care. However, CPS may not be aware of all relatives who are available as a resource. You may need to speak with the CPS caseworker to make sure that they know you are available.

I have been awarded temporary custody of a relative child - are there benefits available to help pay for care?

  • Child only grants are available to relatives caring for children. You can apply for the benefits by filling out a TANF grants application and submitting it to the Department of Social Services.

What if Child Protective Services is not helping the family?

  • Depending on the case circumstances, you can file your own custody petition under Article 6 of the Family Court Act.

Guardianship

Our Guardianship Unit serves as court-appointed guardian for Erie County residents aged 60 and older who have been found by the court to be incapacitated and in need of support to manage their personal and financial affairs. The majority of the people we serve reside in nursing homes or assisted living facilities; however, upon appointment, we conduct a thorough assessment to determine whether community-based living is a safe and appropriate option. Our priority is to ensure that each person is placed in a setting that aligns with their needs, preferences, and functional abilities. If you are a court-appointed guardian seeking guidance or resources, please see our Family Guardian Support Project below.

Program Highlights and Outcomes

The Guardianship Unit includes legal staff, accountants, and social workers collaborating to provide the following services:

  • Regular visits

  • Support and management of all personal affairs, including:

    • Health care

    • Housing

    • Finances

    • Legal needs

  • Serving as court evaluator when requested by the court

  • Providing legal representation to those contesting a guardianship proceeding

Family Guardian Support Project

The Family Guardian Support Project provides resources, guidance, and legal assistance to individuals serving as court-appointed guardians for loved ones throughout Western New York. This project aims to ease the challenges of guardianship by offering the tools and support needed to navigate the responsibilities with confidence and care. For more information, please contact Daniel Piersa, Esq.

Additional Resources

Application for TANF, SNAP, Medicaid, & child care assistance: English Spanish

Form for Appointing a Standby Guardian 

Guide to appeal an indicated CPS report

New York Kinship Care Navigator website.

Parental Designation Form

  • This is used by parents to give authority to another adult to make medical and educational decisions for their child(ren) and is valid for up to 30 days with a signature, or up to 12 months with a notarized signature.

The Family Guardian Support Project is made possible in part through the generous support of Foundation 214 and the Ralph C. Wilson, Jr. Foundation

The Kinship Program is made possible in part through the generous support of The New York Bar Foundation.