There are many situations where it appears that a Guardian under Article 81 of the Mental Hygiene Law should be appointed. This statute provides for the appointment of a Guardian for Personal Needs and also for Property Management. The essence of these cases is a determination by the Court that…
Article 81 of the New York Mental Hygiene Law (MHL) contains the provisions concerning the appointment of a Guardian for an individual. There are basically two types of Guardians – a Guardian for Personal Needs and a Guardian for Property Management. The New York Probate Lawyer Blog has published many articles…
Article 81 of the New York Mental Hygiene Law contains the provisions for the appointment of a Guardian. Guardianship can involve an appointment for personal needs such as health care or living environment. There is also a Guardianship for property management which concerns a person’s financial affairs. The New York…
New York Guardianship proceedings are controlled by Article 81 of the Mental Hygiene Law (“MHL”) entitled “Proceedings for Appointment of a Guardian for Personal Needs or Property Management.” The New York Probate Lawyer Blog has published many articles concerning Guardianship. The essence of appointing a Guardian concerns a determination that…
Article 81 of the New York Mental Hygiene Law provides the various statutory provisions for a New York Guardianship. Typically, the statute is utilized to obtain a guardianship over another person’s financial affairs and personal needs. The subject of these proceedings is referred to as an alleged incapacitated person (“AIP”).…
The appointment of a Guardian for personal needs or property management is provided for by Article 81 of the Mental Hygiene Law. This statute contains the numerous provisions regarding the procedure and substantive law for a New York Guardianship. The New York Probate Lawyer Blog has published many articles regarding…
Article 81 of the Mental Hygiene Law contains the provisions regarding the appointment of a Guardian. As discussed in many earlier posts in the New York Probate Lawyer Blog, the statutes provide for the appointment of a property management Guardian and also for a personal needs Guardian. When an application…
The imposition of a Guardianship for incapacity or disability in New York can occur in a number of ways. Perhaps the most well-known procedure is that provided by Article 81 of the Mental Hygiene Law (MHL). These provisions set forth the legal standards and procedures for the appointment of a…
Article 81 of the Mental Hygiene Law (MHL) contains the provisions regarding the appointment of a Guardian. A Guardian can be appointed for personal needs and also for property management. Generally, according to MHL 81.02 entitled “Power to appoint a guardian of the person and/or property; standard for appointment”, a…
The primary guardianship law in New York is contained in Article 81 of the Mental Hygiene Law (“MHL”) which is entitled “Proceedings for Appointment of a Guardian for Personal Needs or Property Management.” The New York Probate Lawyer Blog contains many posts discussing guardianship law and procedure. When a guardian…