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…
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…
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…
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 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…
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…
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…
A New York Guardianship proceeding involves the determination of the capacity of an individual. In order for a Court to appoint a property management Guardian or a personal needs Guardian there must be a finding of incapacity. Article 81 of the Mental Hygiene Law (“MHL”) provides the statutory provisions for…
Taking advantage of older persons for economic gain is not uncommon. New York Guardianship Lawyers are familiar with many cases where a person who is incapacitated due to a physical or psychological condition is misled and mistreated in order to obtain control of their finances. Guardianship proceedings under Article 81…
The New York Mental Hygiene Law (“MHL”) provides in Article 81 for the appointment of Guardians for personal needs and for property management. MHL Section 81.04 entitled “Jurisdiction” provides that the Court will have the authority to provide relief for someone who is a state resident, or a non-resident that…