The Guardianship department at Abrams Fensterman has handled hundreds of legal guardianship cases over the years. In a typical case, our New York City guardianship lawyers commence legal proceedings under Article 81 of the Mental Hygiene Law on behalf of our health care clients and our individual clients. Article 81 proceedings seek the appointment of a personal needs guardian and/or a property management guardian to act on behalf of incapacitated individuals who are unable to care for their own personal or financial needs.
1. How do I know if guardianship is an appropriate course of action?
An individual may require the appointment of a guardian if he/she is unable to manage his/her own financial affairs and personal needs due to a physical or mental impairment. However, guardianship is treated as a last resort.
It is commonly used in situations where an individual is incapable of executing any advanced directives, such as a Power of Attorney, Health Care Proxy, or a Trust, or where an individual may have the ability to execute such documents, but has no family member or friend to name as his/her agent.
2. Who can commence a guardianship proceeding?
The party who commences the guardianship proceeding is referred to as the Petitioner and the subject of the proceeding is referred to as the Alleged Incapacitated Person.