The New York Probate Lawyer Blog contains numerous posts regarding Article 81 Guardianship proceedings. These cases are started when a person files a petition with the Court alleging that an individual is incapacitated and needs the appointment of a Guardian to assist with the individual’s affairs. Typically, the petition seeks the appointment of a Guardian for personal needs and for property management for the alleged incapacitated person (“AIP”).
Since determining that a person is incapacitated and requires the appointment of a Guardian is a significant deprivation of a person’s individual freedom, the Courts are very diligent to make sure that the interests of the AIP are fully understood and protected. In most Guardianship cases the Court will appoint a Court Evaluator to investigate the issues concerning the petition and to prepare a report for the Court to review. Sometimes the Court will also appoint an attorney to represent the AIP in the case. Continue reading →