New York Guardianship cases, like those in other states, control issues regarding persons who are incapacitated within the jurisdiction of the local State Court. Mental Hygiene Law (“MHL”) 81.05 provides that a Guardianship proceeding shall be commenced in the county where the person alleged to be incapacitated (AIP) resides or is physically located. Generally, if an AIP or a person who has been found to be incapacitated (IP) physically moves to another state, a proceeding in the new state needs to be commenced for a guardianship appointment. Since Guardianship appointment jurisdiction has historically been local, families have faced tremendous hardship and confusion when an AIP or IP moves or is taken from state to state.
The New York Probate Lawyer Blog recently discussed a new law contained in Article 83 of the MHL that allows New York to participate with other states in transferring or accepting out of state guardianships. Thus, under the new law, a New York Court may accept a proceeding for a guardian that is transferred from another state. See MHL 83.33. Continue reading →