The appointment of a Guardian in New York is provided for in Article 81 of the Mental Hygiene Law (MHL). There are two areas in which a Guardian can be needed. A person who is found to be incapacitated may need a Guardian for personal needs. A personal needs Guardian will have the authority to make decisions regarding health care, living arrangements and other personal decisions regarding the AIP’s affairs.
A Guardian for property management has the power to collect and control the assets of the incapacitated person. These assets may include bank accounts, brokerage accounts and real estate. It is the Guardian’s duty to collect these assets or place these assets under the Guardian’s control and use them for the person’s best interests. Continue reading