Incapacity is a determination that someone, due to some disability or condition, is incapable of handling their personal needs or property management and cannot appreciate that their diminished capacity is interfering with their functionality. Unless a Guardian is appointed, such person would suffer harm. These issues involve decisions or actions an alleged incapacitated person may have made and, sometimes, whether the person was subjected to undue influence or manipulation which took advantage of a lack of capacity. Article 81 cases often involve assertions by interested parties such as family or friends allege wrongdoers have converted an AIP’s assets for their own benefit or abused advance directives such as a Power of Attorney.
Once a person dies, it is very common that accusations of improper conduct, which were raised in a Guardianship case, transfer over or re-emerge in estate litigation. Various matters relating to undue influence or testamentary capacity may be asserted in a Will Contest. Also, these concerns may be relevant with regard to pre-death transfers of assets by a decedent when it was asserted in a Guardianship case that there was manipulation or fraud. Information disclosed or determinations made by a Court in a Guardianship case may be referenced to support assertions in an estate litigation proceeding. It may be that in the estate case, conduct by certain individuals which was exposed in the Guardianship proceeding may be referred to challenge a person’s viability to be appointed as an Executor, Administrator or Trustee. In a Guardianship case the Court typically appoints a Court Evaluator who does an extensive review of the factual basis for the appointment of a Guardian and who provides certain recommendations to the Court. The Report of a Court Evaluator may contain important information which is relevant in the estate proceedings.
It is interesting to note that under New York Guardianship law, a determination of incapacity does not disqualify the incapacitated person from creating a Last Will and Testament. Additionally, although the Guardianship Court has the power to void certain documents if found to be improper such as a Power of Attorney or Health Care Proxy, the Guardianship Court cannot revoke or void a Last Will and Testament. Therefore, regardless of the outcome of a Guardianship case, only the Surrogate’s Court can determine the validity of a person’s Will after their death.
The interaction between pre-death and post-death disputes was recently recounted in an article by Winston Cho dated August 21, 2025 which appeared in The Hollywood Reporter entitled “John Amos’ Estate Battle Erupts Into Legal War Between Daughter and Son of Late Icon.” The actor, John Amos, who was a star in the show Good Times, was alleged to have been mistreated and exploited during his life which dispute then poured over into estate proceedings following his death.
Issues concerning Article 81 Guardianships and Estate settlement can be complex. The assistance of an experienced Guardianship Lawyer and Estate Attorney may be essential. I have been representing clients in these matters for over 40 years. Do you have a question regarding a Guardianship or an Estate? Call me now for a free confidential discussion. We provide reasonable and flexible fees and personal representation.
New York Trusts and Estate Attorney Jules Martin Haas has helped many clients over the past 40 years resolve issues relating to guardianship and probate and estate settlement throughout New York City including the Bronx, Queens, Brooklyn, Manhattan, Nassau and Suffolk County. If you or someone you know has any questions regarding these matters, please contact me at (212) 355-2575 for an initial free consultation.