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Articles Posted in Guardianships

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The Petition In A New York Article 81Guardianship Proceeding Sets The Tone

Every New York Article 81 Guardianship Proceeding involves its own unique set of facts and circumstances. These variables encompass things such as the nature and extent of the alleged incapacity, the relationship between the Alleged Incapacitated Person (“AIP”) and his or her relatives, companions and friends; the assets and income…

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Title To Assets Plays An Important Role In New York Estate Planning, Estate Settlement And Guardianship Proceedings

Issues concerning the title and ownership of assets will appear time and again in the areas of estate planning, estate settlement and guardianship. When evaluating and planning an estate or Last Will, it is essential not only to know the assets that an individual may own, but also the manner…

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New York Court Appoints A Guardian And Annuls Marriage And Voids Deed

New York Mental Hygiene Law Article 81 provides the guidelines and the procedure to appoint a Guardian for Personal Needs and Property Management for persons with incapacities. Provisions of the law also provide the Court with the power to modify, amend or revoke different types of transactions or documents entered…

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New York Article 81 Guardian Is Directed To Pay Fee Of Court Evaluator From Guardian’s Commission

In a New York Mental Hygiene Law Article 81 Guardianship proceeding, the Court typically appoints a Court Evaluator. The Court Evaluator performs an independent investigation and assists the Court in determining whether a person is incapacitated and who should be appointed as Guardian. The Court Evaluator’s fee is often paid…

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