A guardian in New York cannot force a person to take psychiatric medication against their will unless very strict legal processes are followed, which includes approval from a judge.
This post discusses how to legally compel a person to take…
Continue Reading Can a Guardian Force Their Ward to Take Psychiatric Medication?
The Coalition to Assist Limited Capacity New Yorkers will present a three-part series of webinar panel discussions on navigating the ethical challenges that arise in the practice of Mental Hygiene Article 81 guardianship cases.
The first webinar, which will…
Continue Reading Webinar to Explore Ethical Considerations in Petitioning for an Article 81 Guardian in New York
New York County Surrogate’s Court has special requirements when probating duplicate original wills.
The proposed decree must include the text of the entire will(s). A sample decree provided to me by the New York County Surrogate’s Court looks like this:…
Continue Reading New York County Surrogate’s Court: Decree Requirements When Probating Duplicate Original Wills
The Queens County Surrogate’s Court continues to require more time than usual to review submissions, advising E-Filers that it will take up to eight weeks to review documents. I recently E-Filed a Petition for Administration in Queens and received the…
Continue Reading Queens County Continues to Experience Processing Delays
If you’ve been appointed a guardian or conservator in a state other than New York, but are seeking to exercise your powers as guardian in New York State, you’ll need to register various papers in New York first (unless you…
Continue Reading How to Register an Out-of-State Guardianship in New York
Two United States Senators last week called on the heads of two federal agencies to provide data and information on adult guardianship and conservatorships, as the media directs national attention to the controversial conservatorship of pop superstar Britney Spears.
The Coalition to Assist Limited Capacity New Yorkers will host its second webinar event in a four part series on Thursday June 10, 2021 at 5:00pm EST
The webinar event, entitled Article 81 Guardianships in New York: A Statewide Perspective…
Continue Reading Coalition to Assist Limited Capacity New Yorkers to Host Second Webinar Event
Kings County Surrogate’s Court now allows attorneys to verify petitions on behalf of their clients where the client is not in the county where the attorney has their office, but the Court still requires that the petitioner sign the petition.…
Continue Reading Kings County Signature and Verification Requirements for Petitions Change
When commencing an adult guardianship proceeding in New York pursuant to Article 81 of the Mental Hygiene Law (“MHL”), the key document to be filed with the court is the petition. This document is essentially a detailed, formal, written request…
Continue Reading Drafting Article 81 Petitions: The Checklist Approach
Most estate litigators in New York are well aware of the proceeding to compel production of a will pursuant to Surrogate’s Court Procedure Act (“SCPA”) § 1401. However, there are other remedies available against a person withholding a last…
Continue Reading Using New York Penal Law to Compel Production of a Will
