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Mental Hygiene Law Art. 81

What is Mental Hygiene Law Article 81?

As a New York City guardianship attorney can explain, 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  the Court procedure, Article 81 sets forth the factors a Court will consider in deciding whether 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 procedure.

The New York Guardianship Law was revised in 1993.  The revisions to the law provided that the Court could appoint a Guardian for property management and a Guardian for personal needs.  Prior to the revision of the law, the proceedings were identified as involving the appointment of a conservator or a committee.

Another important aspect of the change in the law is that the Court's focus is now on the alleged incapacitated person's ability to function.  Also, the new law allows the Court to craft the relief it grants such as the powers of the Guardian to accommodate the incapacitated person's actual needs.  There is now a recognition that a standard cookie cutter type of approach to each case is not in the best interest of the person being subjected to Guardianship control. Guardianship attorneys are familiar with the procedures under the current law.  Guardianship lawyers recognize that a Court will try to find the least restrictive form of control over the incapacitated person.  During the Court proceedings the Court will receive written evidence and witness testimony that will help the Court determine the extent to which an alleged incapacitated person needs assistance handling his affairs.

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.  If the alleged incapacitated person does not want a Guardian, the Court will appoint an attorney to represent him in the 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.

As a guardianship lawyer in New York City, I have represented many clients in Mental Hygiene Law Article 81 Guardianship proceedings throughout the New York Courts such as Queens Guardianship Court or Brooklyn Guardianship Court.  I have also been appointed by the Court as a Court Evaluator.  A Court Evaluator is a person who reviews information in a Guardianship case and gives the Court a report. 

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.  If you have a question concerning a Guardianship, call me now to discuss your issue 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.

If you are interested in speaking with me about Mental Hygiene Law Article 81 Guardianships,  please call (212) 355-2575 or e-mail me for an appointment with a knowledgeable attorney in New York City.

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