Law Firm of Daniel J. Reiter, Esq.

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Not just anyone (or anything) can serve as a guardian for an adult in New York. Mental Hygiene Law Article 81, one of New York’s adult guardianship statutes, has specific eligibility requirements.  There are four categories of persons (and entities) that are eligible to serve as an article 81 guardian in New York – lay guardians, independent guardians, corporate guardians (both not-for-profit and for-profit), and public agency guardians.…
The Coalition to Assist Limited Capacity New Yorkers will sponsor a four part webinar series beginning with a panel of article 81 guardianship judges in New York City  who will discuss the impact of COVID-19 on their courts. “The judges will share their knowledge on how their parts and the practice within the courts have been impacted by the pandemic, best practices that have emerged in light of our new socially-distanced reality, and their hopes…
The Queens County Guardianship Office does not receive an alert when practitioners file papers via NYSCEF in Mental Hygiene Law Article 81 cases. Documents uploaded to NYSCEF in Article 81 matters should also be emailed to the Queens County Guardianship Office so that they receive the papers. Please email me at djr@djrattorney.com for the correct email address for the Queens County Guardianship Office.…
The New York County Clerk’s office now requires that all Stipulations and Consents to E-Filing in Mental Hygiene Law Article 81 guardianship cases must be So Ordered before being filed with the Clerk. Many practitioners, including myself, are electing to convert their Article 81 paper cases to  NYSCEF. In New York County, before filing a Stipulation and Consent to E-Filing, it would be prudent to contact the New York County Guardianship and Fiduciary Support Office
The Court Evaluator is not only a critical player in an article 81 guardianship proceeding, its role is unique to all other court proceedings. The Court Evaluator is frequently described as the “eyes and ears of the court”. Their job, in essence, is that of an investigator, tasked with gathering detailed information about the case to assist the Court in reaching its decision as to whether a guardian should be appointed.  The Court Evaluator is…
The Court Evaluator is not only a critical player in an article 81 guardianship proceeding, its role is unique to all other court proceedings. The Court Evaluator is frequently described as the “eyes and ears of the court”. Their job, in essence, is that of an investigator, tasked with gathering detailed information about the case to assist the Court in reaching its decision as to whether a guardian should be appointed.  The Court Evaluator is…
Adult guardianship proceedings reveal to complete strangers some of the most intimate and personal details of a person’s life. “Guardianship proceedings are unique and different from most other forms of litigation since the respondent, the individual haled into court against their will because she or he is alleged to be ‘incapacitated’, is not accused of wrongdoing or fault,” wrote Justice Gary F. Knobel in Matter of Amelia G.  The rules governing public access to Mental…
Adult guardianship proceedings reveal to complete strangers some of the most intimate and personal details of a person’s life. “Guardianship proceedings are unique and different from most other forms of litigation since the respondent, the individual haled into court against their will because she or he is alleged to be ‘incapacitated’, is not accused of wrongdoing or fault,” wrote Justice Gary F. Knobel in Matter of Amelia G.  The rules governing public access to Mental…
Among the many difficult decisions guardians make for their wards are end-of-life decisions. Guardians often must make a judgment call about their ward’s life, especially if their incapacitated ward is in a hospital or nursing home. If their ward’s preferences and wishes about end-of-life treatment are unknown, the guardian must act in their ward’s “best interests”. In New York, assisted suicide is not an option. Period. Not for anyone. Not for guardians.…
Among the many difficult decisions guardians make for their wards are end-of-life decisions. Guardians often must make a judgment call about their ward’s life, especially if their incapacitated ward is in a hospital or nursing home. If their ward’s preferences and wishes about end-of-life treatment are unknown, the guardian must act in their ward’s “best interests”. In New York, assisted suicide is not an option. Period. Not for anyone. Not for guardians.…