Article 81 of the Mental Hygiene Law provides the statutes regarding the appointment of a property management and personal needs Guardian. A Guardianship lawyer is aware that these proceedings focus on a number of factors before a Court determines that a Guardian should be provided. First and foremost, the inquiry…
Article 81 of the Mental Hygiene Law provides the procedures and requirements regarding guardianship of an incapacitated person. The statute allows for the appointment of a guardian for property management and for personal needs. Whether or not a person requires a guardian is determined by the Court after a hearing. …
One tends to view New York Estate cases and Guardianship cases as completely separate matters. In an Estate, a person dies, and his Last Will and Testament is probated, or an administration proceeding is needed for an intestacy. In contrast a Guardianship proceeding is commenced while a person is alive. …
As a New York Guardianship lawyer for over 35 years, I have encountered many different situations in these types of cases. Article 81 of the Mental Hygiene Law (MHL) provides the various statutes concerning the basis and procedure for the appointment of a Guardian for property management and personal needs.…
The statues concerning the appointment of a New York Guardian for personal needs or property management are located in Article 81 of the Mental Hygiene Law (MHL). In order to have a Guardian appointed MHL 81.02 requires that the alleged incapacitated person either agree to the appointment or that the…
Article 81 of the New York Mental Hygiene Law (“MHL”) provides the statutory provisions covering the appointment of a Guardian. A Guardian may be appointed for personal needs and also for property management. The procedure set forth in the statute to commence a Guardianship proceeding is straight forward. MHL section…
Article 81 of the New York Mental Hygiene Law (MHL) sets forth the rules and procedures for the appointment of Guardians for an incapacitated person. The statute’s title is “Proceedings For Appointment of a Guardian For Personal Needs or Property Management”. The main focus of the statute is to protect…
Article 81 of the New York Mental Hygiene Law (MHL) contain the various provisions regarding the appointment of a Guardian for a person who is incapacitated. The main title of this Article is “Proceedings For Appointment of A Guardian For Personal Needs or Property Management”. The various sections of the…
The appointment of a Guardian in New York requires the commencement of a Guardianship Case in the Court. It may be difficult at times to determine the appropriate procedures and the proper Court concerning these matters. There are Guardianships under Article 17-A of the Surrogate’s Court Procedure Act (SCPA). Article…
When a person becomes incapacitated, Article 81 of the Mental Hygiene Law provides for the appointment of a property management Guardian and a Guardian for personal needs. New York City Guardianship Lawyers are familiar with the statutes regarding Guardians and the need to provide clear and convincing evidence to have…