If you are seeking guardianship under Article 81 for a loved one who is unable to manage their personal and financial affairs, our knowledgeable attorneys are here to guide you through the legal intricacies and ensure your loved one receives the protection and care they deserve.
Article 81 of the Mental Hygiene Law provides a mechanism to obtain guardianship over the person and property of another person if they become incapacitated due to age, illness, or accident. Often, due to lack of planning or the death of loved ones who were able to manage their affairs, someone incapacitated is left with nobody endowed with the legal authority to help them with their personal needs and property management. In such a situation, it is possible to file a petition under Article 81 to request that a Guardian be appointed. Thereafter, a hearing will be held to determine whether the individual alleged to be incapacitated is, in fact, incapacitated. Then, upon a finding of incapacity or a determination that someone may not be incapacitated but needs a guardian anyway and consents to the same, the court can appoint a Guardian and give that person authority to manage the alleged incapacitated person’s affairs.
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Guardianship proceedings can be expensive and time consuming, involve the appointment of multiple Court appointees, and are often upsetting to the person alleged to be incapacitated. It is important to approach these proceedings with care and due respect for the person who is incapacitated. Justin Auslaender has served on the Part 36 List in New York Courts for nearly a decade and has represented individuals petitioning to have a Guardian appointed for their loved one, individuals alleged to be incapacitated, and family members participating in the proceedings. If you have a loved one who is incapacitated or is experiencing decline, you should reach out to see if Guardianship is appropriate for your loved one or if there is some other planning mechanism that can be put in place to avoid the need for a guardian.
…Be sure to check out our resources page for additional information regarding Guardianship matters so you can familiarize yourself with the terminology and process.
