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Articles Posted in Guardianships

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Important Information Regarding Limitations In A Guardianship Case

The appointment of a Guardian for the personal needs and property management of an incapacitated person is provided by Article 81 of the Mental Hygiene Law (MHL). There are many interesting aspects to Guardianship proceedings. MHL Section 81.02 requires that the Court needs to find clear and convincing evidence that…

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Important Information Regarding New York Guardianships and Supplemental Needs Trusts

Article 81 of the New York Mental Hygiene Law (MHL) is entitled “Proceedings For Appointment of a Guardian for Personal Needs or Property Management”.   Under this statute, a Guardian can be appointed for a person who is found to be incapacitated. A determination regarding incapacity must be based upon clear…

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A New York Guardianship Proceeding May Involve The Appointment of a Temporary Guardian

Guardianship cases in New York are provided for by Article 81 of the Mental Hygiene Law (“MHL”). Article 81 is entitled “Proceedings for Appointment of a Guardian for Personal Needs or Property Management”. As a New York City Guardianship attorney, I have represented many individuals who have filed petitions for…

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New York Guardianship Cases Require That Interested Parties Be Involved in the Proceedings

The statutes concerning the appointment of a New York Guardian for a person who is incapacitated are located in Article 81 of the Mental Hygiene Law (MHL). There have been many articles posted concerning the law of guardianship in the New York Probate Lawyer Blog. A Guardianship case is commenced…

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