Article 81 of the Mental Hygiene Law provides the statutes regarding the appointment of a property management and personal needs Guardian.
A Guardianship lawyer is aware that these proceedings focus on a number of factors before a Court determines that a Guardian should be provided.
First and foremost, the inquiry concerns the ability of the alleged incapacitated person (“AIP”) to handle his affairs. This examination focuses on the AIP’s functional abilities commonly referred to as the activities of daily living. Thus, a full review of the ability of the AIP to engage in functions such as personal hygiene, attending to personal health decisions, domestic functions such as cleaning and caring for a residence, engaging in financial matters such as paying bills, understanding the nature and extent of assets and appropriately dealing with everyday matters. As set forth in MHL Section 81.02, a Court can appoint a Guardian if it finds that it is necessary to provide for a person’s personal and financial needs, and that a person would suffer harm because they cannot provide for such needs and do not understand and appreciate that they are suffering from such disability. The New York Probate Lawyer Blog has published many articles concerning Guardianship matters.