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Daily Living Evaluation

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.  A New York City guardianship lawyer can advise you on the role of the daily living evaluation.

Section 81.03 of the New York Mental Hygiene Law ("MHL") provides definitions for "activities of daily living" as well as other important considerations in a Guardianship case such as "functional limitations" and "least restrictive form of intervention".  In Section 81.02 of the MHL, the statute provides that in connection with determining whether a person is incapacitated, the Court should consider a person's functional level and limitations and that this determination should include an assessment of a person's ability to manage his activities of daily living.  

The MHL 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 suffering from a diminished capacity is acting irresponsibly by failing to pay his bills such as rent or mortgage payments or utility bills.  This conduct puts the person at risk. 

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

Guardianship cases involve a presentation of clear and convincing evidence that a person is incapacitated and will suffer harm if a Guardian is not appointed.  In many instances the proof regarding incapacity is not clear.  For example, a Guardian will not be appointed solely because a person adopts a lifestyle that may seem odd.  If a person decides to live in his car or acts immaturely or is unsuccessful in business ventures such conduct will not, by itself, demonstrate the need for a Guardian.  As a result, each Guardianship case must be reviewed by the Court very carefully to ascertain the circumstances and need for intervention before an alleged incapacitated person's rights are limited by a Court mandated Guardianship.

A Guardianship Attorney needs to be familiar with the provisions of the MHL.  Each case has different facts and circumstances.  All factors must be analyzed thoroughly so that the presentation of the Guardianship case to the Court will allow the Judge to make a clear determination as to incapacity.  A complete presentation of facts also provides a Court with the information needed to provide the Guardianship control and power that will be best suited for the person who is incapacitated.

As a guardianship attorney in New York City, 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.  If you have a question regarding a Guardianship issue, call me now for a free review with a New York City lawyer.

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 to discuss your concerns with a New York City attorney.

Client Reviews
I am very grateful to Mr. Jules Martin Haas attorney of law in New York. I am from Buenos Aires Argentina. He managed with expertise a very difficult situation. of a complicate heritage from my aunt Anna Grodzka that lived and died a very long time ago in New York. I recommend him not only for his extraordinary knowledge but also for his kindness. Irma CW Peusner
I found Mr. Haas after being misguided by a former attorney. Mr. Jules Haas took our case which involved an estate/trust dispute. What initially seemed like an impossible and overwhelming legal fight was now in the hands of someone who had the integrity and legal expertise to win our case. Mr Haas' attention to detail and his expert knowledge base, skillfully and successfully guided us through an intricate legal process. I am very thankful and grateful to Mr. Jules Haas for representing our interest and ultimately winning. Bringing about a peace of mind we needed. Thank You Devida Nedd
I was in need of a guardianship attorney and I hired the services of Jules M. Haas' Law firm. The service of counselor Haas and his staff, was very profesional and the case was handled in a timely matter. I would strongly recommend his services Angel Guevara
I strongly recommend Jules Haas. I have worked with him for two years and he has provided so much support and followed through with everything he promised he would do. His support staff is just as helpful! We had an interesting case and he helped to solve each part of it legally and was very thorough. Thank you for everything you have done to finalize our families estate Robyn Stafford
Jules Haas helped me with managing the process in probate court for my father's estate through to its completion upon the sale of my father's house. He was knowledgeable, efficient, and effective in submitting documentation to the probate court, explaining procedures to me, and advising me as to the progress of my case. His support staff was also very helpful. He made what for me created so much anxiety into something manageable where I could see progress every step of the way. His fees were very reasonable. I am super grateful to him for all the help he has provided and strongly recommend his services. Diana Janer
I just completed an estate transaction where Jules Haas represented my client in an estate and he did a great job! He was very quick at responding to all matters throughout the sale process, he was detailed, he was knowledgeable and he was a pleasure to work with. I just recommended him to some new clients who are going through an estate matter and will continue to recommend him. Rodolfo Lucchese