What Are the Implications of Article 81 in Guardianship Proceedings?
Article 81 of New York’s Mental Hygiene Law authorizes a Court to appoint a guardian to manage the personal needs and/or financial affairs of a person who cannot manage these matters for himself or herself because of incapacity.
Incapacity can be caused by an illness or accident. Generally, Article 81 sets forth the procedures to apply to the Court for the appointment of a guardian, the factors that 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. Article 81 also has provisions covering guardianship implementation and accounting.
Article 81 Guardianship 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 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 Article 81 Guardianships, please call (212) 355-2575 or e-mail
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- New York Guardianship Cases Can Be Contested Article 81 of the Mental Hygiene Law (“MHL”) is entitled “Proceedings for Appointment of a Guardian for Personal Needs or Property Management”. The ....
- New York Guardians Will Not Be Appointed Where the Court Finds A Guardian is Not Needed A New York Guardianship Proceeding is commenced by the filing of a petition. Mental Hygiene Law (MHL) Section 81.08 sets forth the requirements of the ....