Purpose of Activities of Daily Living Evaluation

An evaluation of activities of daily living is an evaluation of activities people perform daily including activities such as feeding oneself, bathing, dressing, grooming, work, homemaking, and leisure. A person's ability to perform these activities appropriately and without assistance is a primary consideration in guardianship cases when deciding whether or not someone is able to handle their financial or health affairs.

Article 81 of the New York State Mental Hygiene Law establishes a procedure for the appointment of a guardian.  Although a Court may determine that a person is incapacitated, the Court generally will appoint a guardian with powers that are the least restrictive to assist a person with their needs and allow them to maintain the greatest amount of independence. Activities of daily living evaluation is essential.

A guardianship proceeding may be initiated in instances where a person, due to illness or accident, is unable to perform activities of daily living and the incapacity results in possible risk to the person's welfare.  Sometimes, a guardianship may be needed when a person who is incapacitated is victimized or manipulated by others.  In emergency situations a Court can appoint a Temporary Guardian and can immediately restrain or freeze an incapacitated person's bank accounts or other assets to preserve them until the Court can fully review the matter.

An evaluation of activities of daily living provides a Court with a guideline in making determinations in guardianship matters.

I have represented many individuals and family members in guardianship proceedings which have involved an evaluation of activities of daily living. On numerous occasions I have served as Court Evaluator reporting to the Court and providing recommendations concerning the appointment of a Guardian.  I work closely and personally with my clients on these matters.

I graduated in the top 10% of my class at The New England School of Law in Boston and served on the prestigious “Law Review.” I have also served on the staff of a NYC Councilperson and NYS Assemblyman.

You can contact me by phone at (212) 355-2575 or by e-mail