Article 81 guardians are often faced with the delicate and controversial task of making decisions about the social life and social environment of the person for whom they serve as guardian.
Pursuant to New York’s Mental Hygiene Law Article 81.22(a)(2)
Law Firm of Daniel J. Reiter, Esq.
The Law Firm of Daniel J. Reiter, Esq. is a legal practice based in New York City specializing in adult guardianship, kinship proceedings, and estate litigation. The firm provides representation for petitioners, guardians, alleged incapacitated persons, and court-appointed guardians in New York Surrogate's Court and related proceedings. It focuses on protecting the rights of mentally incapacitated individuals and ensuring clients receive their rightful inheritance. The firm publishes blogs and articles that discuss legal issues related to guardianship powers, court procedures, and estate disputes, primarily serving clients in New York City, Long Island, and Westchester County.
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https://djrattorney.com
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The Power to Make Decisions About an Incapacitated Person’s Social Life and Visitors
Article 81 guardians are often faced with the delicate and controversial task of making decisions about the social life and social environment of the person for whom they serve as guardian.
Pursuant to New York’s Mental Hygiene Law Article 81.22(a)(2)…
Hon. Aija Tingling Updates NY Co. Part 25 Rules
Per an email from Christina Llewellyn, Esq., the Principal Court Attorney to Hon. Aija Tingling, A.J.S.C., dated December 4, 2024:…
Nassau County Motions to Settle Final Report of Guardian Must be Made by Notice of Motion
In a Mental Hygiene Law Article 81 adult guardianship proceeding, most Courts require motions to settle a guardian’s final report or final account be made by Order to Show Cause. The same can be said for interim motions in…
Family fighting makes it hard, but not impossible, to be appointed guardian
In a New York Mental Hygiene Law Article 81 guardianship proceeding, courts strongly prefer appointing family members as guardian of the incapacitated person. However, there are exceptions.
When family members fight to be appointed guardian, are acrimonious, or can’t get…
‘Choosing the Place of Abode’: The Power to Determine Where an Incapacitated Person Lives
Article 81 guardians are often given broad powers over an Incapacitated Person’s life. One of the more challenging decisions many guardians face is deciding where their ward should live.
Is the current living situation suitable? Should the Incapacitated Person live…
Surrogate Kelly: First to File Gets First Priority
In a recent court conference in Queens County Surrogate’s Court, Surrogate Peter J. Kelly indicated that, all else being equal, he’s inclined to appoint as administrator of an estate the first to file their petition when there are multiple distributees…
Filing Original Will and Death Certificate in New York County Surrogate’s Court
When probating a will in New York County Surrogate’s Court, you’ll need to file the original will and a certified copy of the death certificate with the Probate Department. But how do you file these documents in the age of…
Surrogate Thompson Suspended. Acting Surrogate to be Named: NYLJ
Kings County Surrogate Harriet L. Thompson was suspended on Friday, according to the New York Law Journal.
An acting surrogate will be named to handle the caseload, Lucian Chalfe, the Director of Public Information for the New York State…
WebSurrogate is Back
WebSurrogate, the online document retrieval service for Surrogate’s Courts, relaunched.
The website was originally launched in the spring and quickly taken offline.
According to its website, “WebSurrogate provides information on estate proceedings and other filings within New York State…