What is an Article 81 Guardianship Proceeding in New York?
Do you have an aging parent or other elderly/vulnerable loved one who can no longer reasonably manage his or her own affairs? If so, they may need to be placed into the care of an adult guardian in order to protect their best interests. The process for doing so in New York State requires going through something called an Article 81 guardianship proceeding. At Poulos LoPiccolo PC, we help people and families navigate these complex cases. Here, our New York City adult guardianship lawyer provides an overview of Article 81 guardianship proceedings in New York.
An Adult Guardian May Be Appointed to Support an Incapacitated Adult
An adult guardian may be appointed to support an incapacitated adult who is no longer able to manage their personal, financial affairs, and legal affairs. Broadly speaking, an adult guardianship is a type of legal measure that helps ensure that the adult’s health, safety, and financial needs are met responsibly and respectfully. The process typically involves a court hearing where evidence of the individual’s incapacity is confirmed. From there, a trusted person is assigned as their guardian and given the duty to protect the best interests of the vulnerable adult. Guardians are tasked with making decisions that align with the preferences, values, and interests of the incapacitated person.
An Overview of Article 81 Guardianship Proceedings
Adult guardianships are handled on a state-by-state basis. While there are adult guardianships in both New York and New Jersey, there are some differences in how the process works. It is crucial that you are familiar with the relevant law. As explained by the New York State Unified Court System, an adult guardianship is called an Article 81 guardianship in the state. Here is an overview of Article 81 guardianship proceedings in New York:
- Petition and Evaluation: The Article 81 process begins with the filing of a petition by a concerned party—such as a family member or a social agency. The court will order an evaluation to assess the mental/physical capacity of the alleged incapacitated person (AIP).
- Court Hearing: A hearing is conducted where evidence of the AIP’s incapacity is presented. If they can do so, the AIP is entitled to be present and to be represented by an attorney. Witnesses—often including medical experts—may testify.
- Appointment of a Guardian: If the court determines that the AIP is indeed incapacitated, a guardian is appointed. The scope of the guardian’s authority is specifically tailored to the needs of the incapacitated person.
- Court Supervision: Once a guardian is appointed, the court remains involved to ensure that the guardianship is functioning as intended. The guardian may be required to report periodically to the court about the AIP’s condition and any actions that have been taken.
Contact Our New York City Adult Guardianship Lawyer Today
At Poulos LoPiccolo PC, our New York City adult guardianship attorneys are skilled, knowledgeable, and experienced advocates for families. If you have any questions or concerns about Article 81 Guardianship proceedings, please do not hesitate to contact us today. We provide legal services in adult guardianship proceedings in New York City and beyond.
Source:
nycourts.gov/courthelp/guardianship/AIP.shtml
