A guardianship proceeding refers to a legal proceeding by which a Court will appoint a Guardian to manage the property affairs of a person as well as her or his personal needs when the person is not able to manage his or her activities and attend her own needs due to legal incapacity. The guardianship proceedings commenced before the Supreme Court due to a person’s new incapacity to attend her property or personal needs is authorized by Article 81 of New York’s Mental Hygiene Law (N.Y.M.H.L.).

Through a petition, the person (Petitioner) requesting that a guardian be appointed for another person will have to demonstrate that the person is incapacitated as per Article 81 of N.Y.M.H.L. but will also need to show that the proposed guardian is suitable with regards to the person’s specific needs and condition. It is possible to appoint one person as the incapacitated person’s both Guardian of the person and property or to appoint two different guardians who will separately assume each of these roles.

It is important to note that not all guardians appointed pursuant to Article 81 of N.Y.M.H.L. have the same powers over the incapacitated person and his or her property. Indeed, Guardianship orders are tailored to meet the incapacitated person’s specific needs.

An order appointing a Guardian will have several effects: as well a giving the guardian the authority to act on behalf of an incapacitated person, it can help prevent neglect or dangerous behaviors of an incapacitated person, it can prevent financial or physical abuse, it can ensure an incapacitated person will maintain her residence and pay her bills. Additionally, a Guardian will often have the power to prepare legal documents to optimize or preserve an incapacitated person’s tax or Medicaid benefits.

Guardianship attorney NYC

  • Post published:December 18, 2019
  • Post Category:Guardianship

A guardianship is an important legal role that is typically appointed by the probate court. Guardianship is an essential legal tool in decisions making process of individuals, both minors and…

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NYC GUARDIANSHIP LAWYER
GUARDIANSHIP LAWYER

NYC GUARDIANSHIP LAWYER

Guardianship In New York City, Guardianship is an important legal tool that allows another person or a legal guardian make financial, medical decisions on behalf of another. Mental and physical…

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Guardianship Lawyer Queens
Guardianship Lawyer

Guardianship Lawyer Queens

Showing care and compassion for your familyAs a loved one ages, their needs change as well. You taking on the responsibility of guardianship over your loved one requires careful and…

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Guardianship in New York
Guardianship Attorney in New York

Guardianship in New York

Guardianship matters are quite complicated. When you request the court to grant you permission or appoint you as guardian to someone else, you're taking on the challenge of overseeing that…

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Guardianship Attorney NYC
Guardianship Attorney

Guardianship Attorney NYC

A guardianship is an important legal role that is typically appointed by the probate court. Guardianship is an essential legal tool in decisions making process of individuals, both minors and…

Continue Reading Guardianship Attorney NYC
GUARDIANSHIP ATTORNEY NEW YORK
GUARDIANSHIP ATTORNEY

GUARDIANSHIP ATTORNEY NEW YORK

Guardianship In New York City, Guardianship is an important legal tool that allows another person or a legal guardian make decisions on behalf of another, typically called the ward. Financial…

Continue Reading GUARDIANSHIP ATTORNEY NEW YORK
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