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New York Guardianship Proceeding Commencement

New York Guardianship Proceeding Commencement

New York Guardianship Proceeding CommencementA Guardianship Proceeding in New York must be commenced in accordance with the provisions contained in Article 81 of the Mental Hygiene Law ("MHL"). The fundamental document that must be prepared is the Guardianship Petition. Section 81.08 provides the details as to the information to be contained in the petition. A New York City guardianship proceeding lawyer can explain its nuances.

The statute states that the petition must be verified. This means that the person asking the Court to have a Guardian appointed must sign the petition and also assert as to the accuracy of the information in the petition and this assertion must be notarized. Among the basic information that is to be set forth in the petition is the age, address, name and telephone number of the alleged incapacitated person ("AIP").

The location or address of the AIP is important since the Court will use this information to determine where the Guardianship case is to be filed. Section 81.05 of the MHL states that the proceeding is to be filed in the county where the AIP "resides, or is physically present". Interestingly, the statues makes clear that if the AIP is being cared for in a facility, his residence is considered to be the county where the facility is located.

One of the most essential requirements of a petition is to describe the AIP's functional level and his ability to care for his activities of daily living. Typically, the petition will describe the particular circumstances relating to the AIP's incapacity. For example, the petition may describe in detail facts relating to the AIP's illness and the limitations that have resulted in the AIP's abilities such as lack of mobility, psychological impairments and the inability to attend to personal chores or hygiene. Each petition will have a different story to tell about the AIP. A guardianship proceeding lawyer can help New York City residents tell the full story.

The petition also must list the various powers that the petitioner is seeking regarding the AIP's property management and personal needs. Also, it is necessary to provide the Court with the names and addresses of the AIP's next of kin. There are provisions in Section 81.07 of the MHL that require that a Notice of Guardianship Proceeding be given to an AIP's spouse, parent, children, siblings and other relatives.

There is also a need to include in the petition a description of the assets and income that are available to the AIP as well as his debts and obligations. This information will assist the Court in determining to what extent a Guardian is needed to handle the AIP's property management. This information is also needed by the Court Evaluator so that a review can be commenced regarding the status of the AIP's financial situation.

As a New York City guardianship proceeding attorney, I work closely with clients regarding the preparation and review of a Guardianship Petition. There is an immense amount of information that must be contained in the Court petition and it is important that the Court be presented with the complete picture as to why a Guardianship is needed to protect the interests of a family member or friend.

If you have a question regarding a Long Island Guardianship or a New York City Guardianship, call me for a free discussion with a guardianship proceeding attorney in New York City. I have been assisting clients in these matters for over 35 years. You can contact me at tel: (212) 355-2575 or email:

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