Guardianships in NY
An individual sometimes loses ability to manage his or her person and/or property. Article 81 of NY’s Mental Hygiene Law provides remedies. Article 81 permits powers to be tailored to the individual's particular
needs: Sometimes a guardian is given broad powers and
at other times, depending on the person's abilities, the
powers can be very limited. Article 81 was designed to
allow the person to be accorded as much personal dignity and freedom as possible, depending on his or her circumstances.
How a Guardianship Works
Guardianships are treated on an expedited basis --often the
entire proceeding can take only a month. A hearing is set usually for two to four weeks after the papers are filed with
the court. The person who is the subject of the proceeding must be present unless unable to meaningfully participate.
The court appoints a “court evaluator” (often an attorney) to gather facts about the person who is the subject of the proceeding and to prepare a report with recommendations.
Often, I will require no payment in advance and will allow the Court to set my fee from the person's assets.