Article 81 of the New York Mental Hygiene Law contains the provisions regarding the appointment of a Guardian. As discussed in earlier posts in the New York Probate Lawyer Blog, when a person is found to be incapacitated the Court can appoint a Guardian for personal needs and also for property management.
A Guardianship case is commenced by the petitioner who files a proposed Order to Show Cause and a Verified Petition with the Court. Upon receipt of these papers, the Court will review the allegations to determine whether it will sign the Order. Continue reading →