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…
There are many factors to be considered in connection with the appointment of a Guardian for personal needs and property management pursuant to Article 81 of the Mental Hygiene Law. A recent post in the New York Probate Lawyer Blog discussed the requirement that clear and convincing evidence be presented…
Article 81 of the Mental Hygiene Law provides the statutes regarding the appointment of a property management and personal needs Guardian. A Guardianship lawyer is aware that these proceedings focus on a number of factors before a Court determines that a Guardian should be provided. First and foremost, the inquiry…
Article 81 of the Mental Hygiene Law provides the procedures and requirements regarding guardianship of an incapacitated person. The statute allows for the appointment of a guardian for property management and for personal needs. Whether or not a person requires a guardian is determined by the Court after a hearing. …
One tends to view New York Estate cases and Guardianship cases as completely separate matters. In an Estate, a person dies, and his Last Will and Testament is probated, or an administration proceeding is needed for an intestacy. In contrast a Guardianship proceeding is commenced while a person is alive. …