Article 81 of the New York Mental Hygiene Law contains the provisions regarding the appointment of a Guardian. As discussed in earlier posts in the New York Probate Lawyer Blog, when a person is found to be incapacitated the Court can appoint a Guardian for personal needs and also for…
Articles Posted in Guardianships
New York Guardianship Cases Can Be Contested
Article 81 of the Mental Hygiene Law (“MHL”) is entitled “Proceedings for Appointment of a Guardian for Personal Needs or Property Management”. The New York Probate Lawyer Blog has posted many discussions regarding the process of having a Guardian appointed for an incapacitated person. The statute provides that the Court…
New York Guardians Will Not Be Appointed Where the Court Finds A Guardian is Not Needed
A New York Guardianship Proceeding is commenced by the filing of a petition. Mental Hygiene Law (MHL) Section 81.08 sets forth the requirements of the petition. MHL Section 81.06 designates the persons who may file the proceeding which includes family members as well as any other person who has concerns…
New York Guardianship Cases Often Involve Conflicts Between Family Members
Article 81 of the Mental Hygiene Law (MHL) contains the provisions regarding the appointment of a Guardian for property management and personal needs for a person who is found to be incapacitated. The New York Probate Lawyer Blog has discussed in earlier posts the procedure to obtain the appointment of…
New York Guardianship Cases Involve Careful Scrutiny By The Guardianship Court
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…
A New York Guardianship Court Can Revoke a Power of Attorney and Advanced Directives
Guardianship proceedings in New York are governed by the provisions of Article 81 of the Mental Hygiene Law (“MHL”). Earlier posts in the New York Probate Lawyer Blog have discussed many of the aspects of guardianship for incapacitated persons (“IP”). For example, the statute provides for the appointment of a…
New York Advance Directives Can Avoid The Appointment of a Guardian
The New York Guardianship Law is contained in Article 81 of the Mental Hygiene Law (“MHL”). As discussed in numerous posts in the New York Probate Lawyer Blog, a Court will appoint a Guardian for an individual’s property management and personal needs if it determines that the person is incapacitated.…
New York Guardianships Can Involve Other State Proceedings
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…
New York Guardians Have Obligations After the Death of the Incapacitated Person
A Guardian appointed under Article 81 of the New York Mental Hygiene Law (“MHL”) has many duties and responsibilities. As discussed in earlier posts in the New York Probate Lawyer Blog, an appointment can be for a Property Management Guardian and for a Personal Needs Guardian. Property Management guardian powers…
New York Guardianship Laws and Advanced Planning Can Prevent Elder Abuse
The New York Probate Lawyer Blog has had previous posts concerning the issue of elder abuse. A recent survey released by the National Association of Professional Geriatric Care Managers reported that the financial exploitation of the elderly is a growing and ongoing problem. The survey found that the top areas…