A Guardianship proceeding in New York is controlled by the provisions of Article 81 of the Mental Hygiene Law (MHL). The New York Probate Lawyer Blog has discussed in earlier posts that the New York Courts have the jurisdiction to impose Guardianship directions generally over in-State matters. MHL Section 81.04 provides, in part, that relief can be provided for a New York State resident or a non-resident that is present in the State. Furthermore, MHL 81.05 set forth that the proceeding is to be commenced in the county where the alleged incapacitated person resides or is physically located.
Guardianships are typically controlled by local State laws. In the past, complicated problems have arisen where Guardianship matters involve more than one State. For example, a Guardianship may have been put into place in New York. If it is decided that it would be best to move the incapacitated person to another State such as New Jersey or Florida, the problem that would be faced is whether and to what extent the new State would recognize the Guardianship determinations that occurred in New York. In many instances a new Guardianship case would need to be commenced in the new State in order to have a local Guardian appointed.Some of the problems outlined above were resolved in 2013 when New York passed the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (“UAGPPJA”). This statute which is contained in Article 83 of the Mental Hygiene Law and became effective in April 2014, allowed States to recognize and approve the Guardianship proceedings that occurred in sister States without the need to start all over with a Guardianship matter in the new State. The UAGPPJA allows Guardianships to be transferred between States and for cross-border enforcement of Guardianship Orders.
In Guardianship situations, the incapacitated person may own many different types of assets ranging from bank accounts to real estate. Real property interests such as residences and investment properties are a commonly owned asset. However, Guardianship attorneys are often faced with cases where a local Guardianship may include real estate in another State. The out-of-State Guardian would then need to obtain authorization from the Court in the State where the real property was located in order to have the power to transfer or sell the property.
In an effort to remedy and simplify this process, New York recently amended MHL Article 83 to allow Guardians who were appointed in another State to register their appointment in New York and to manage and dispose of New York real property that is owned by an out-of-State incapacitated person.
Since the UAGPPJA is a law that is recognized by approximately 30 other States, New York Guardianship Attorneys will seemingly be able to take advantage of this type of provision that is part of the law of a sister State. This will facilitate the management of out-of-State property owned by a New York incapacitated person.
A New York City Guardianship lawyer is experienced in obtaining the appointment of a Guardian and the management of Guardianship assets. If you have any questions regarding the appointment of a Guardian or Guardianship procedure, call me now to discuss your issue.
New York City Guardianship Attorney Jules Martin Haas, Esq. has been representing clients in New York Guardianship Proceedings, throughout the past 30 years in New York, including Queens and Nassau Counties. If you or someone you know is involved with or has questions about a New York Guardianship matter, please contact me at (212) 355-2575 or email: firstname.lastname@example.org, for an initial consultation.
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