Mental Hygiene Law Art. 81
What is Mental Hygiene Law Article 81?
The New York State Mental Hygiene Law Article 81 is the statute that provides the procedure for the appointment of a guardian to handle a person's financial affairs or personal needs.
Along with guidelines for procedure, Article 81 sets forth the factors a Court will consider in deciding to appoint a guardian and the powers that can be given to a guardian to assist the incapacitated person. The statute also has provisions covering guardianship implementation and accounting.
Guardianship proceedings under Article 81 can be litigious, with friends or relatives contesting the need for a guardian or who should be appointed as a guardian or the powers the guardian is to receive. The alleged incapacitated person himself or herself has the right to, and many times does, oppose these proceedings.
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.
I have represented many clients in Mental Hygiene Law Article 81 guardianship proceedings throughout the New York Courts. I have also been appointed by the Court as a Court Evaluator. A Court Evaluator is a person who investigates the underlying facts in a guardianship matter and provides the Court with a report and recommendations for the Court's consideration.
I work closely with my clients in these proceedings to promote their interests while advancing the interests and protections of the person alleged to be incapacitated.
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.
If you are interested in speaking with me about Mental Hygiene Law Article 81 Guardianships, please call (212) 355-2575 or e-mail