New York Guardianship proceedings for incapacitated persons are governed by Article 81 of the Mental Hygiene Law (MHL). The New York Probate Lawyer Blog has discussed in numerous posts the powers and duties of a Court appointed Guardian. In many instances, a petition for Guardianship is filed with the Court…
Incapacity due to sudden illness or the effects of dementia and Alzheimers disease often results in the appointment of a Guardian under New York Mental Hygiene Law (“MHL”) Article 81. The preparation of advanced directives such as a Durable Power of Attorney and Health Care Proxy may avoid such proceedings.…
Estate beneficiaries in New York can have rights to receive a share of a decedent’s assets in a variety of circumstances. The beneficiary can be named in the decedent’s Last Will or, if no Will exists (“intestacy”), the beneficiary may be one of the decedent’s next of kin (a “distributee”).…
The New York Probate Lawyer Blog has reviewed many instances and issues regarding estate litigation, Will contests and disputes among heirs and beneficiaries. Sometimes controversies begin before a person dies when they become ill and incapacitated. Relatives and friends can abuse or breach fiduciary obligations in attempting to control a…
September is World Alzheimer’s Month, calling attention and awareness to this devastating disease. It is also a time to reflect on how we should all be planning to help older family members and friends who have yet to get a handle on their estate plans. In some cases, a Manhattan…
Brooklyn and Nassau estate attorneys, as well as those assisting their clients throughout all parts of New York State, are often confronted with a myriad of issues relating to Powers of Attorney, Health Care Proxies, Article 81 Guardianship and estate settlement. In a typical situation, an individual may have prepared…
It seems like every week you hear a story on the news or read in the newspaper about an elderly person who suffers physical abuse, either by a caretaker or family member. Sometimes the person victimized is handicapped or otherwise dealing with challenges in life. Sadly, it often takes law…
The New York Probate Lawyer Blog has discussed many issues concerning New York Article 81 Guardianship proceedings. These issues included the appointment process for a Guardian and the powers that are given to a Guardian by the Court. Section 81.02 of the Mental Hygiene Law (MHL) provides that the Court…
New York Probate Lawyer Blog has already touched on the fascinating case of 104-year-old heiress Huguette Clark, who died recently in New York City. What makes the situation unique is that Clark, who inherited a giant fortune from her father, a copper baron and one of the richest Americans at…
The New York Probate Lawyer Blog has discussed many issues regarding Guardianship of the person and property of an incapacitated person. These issues can include, among other things, a determination of the assets owned by the incapacitated person and the powers granted to a Guardian with regard to the management…