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)
Adult Guardianship Law Blog
Providing News and Insight on Adult Guardianship Law in New York
The Adult Guardianship Law Blog, published by the Law Firm of Daniel J. Reiter, Esq., focuses on legal issues related to adult guardianship in New York. It covers topics such as the appointment and duties of guardians, contested and uncontested guardianship proceedings, decision-making authority over incapacitated persons' social environments, and the role of courts in resolving family disputes over guardianship. The blog also addresses kinship proceedings, estate litigation including will contests and accounting disputes, and procedural updates in surrogate's court. It provides guidance on protecting the rights and interests of incapacitated individuals and their families, with a focus on New York State law and practice.
Blog Authors
Latest from Adult Guardianship Law Blog
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…
Instructions for Filing Commission to Guardian in New York County
I recently received written instructions from the New York County Clerk for filing a Commission. The entire process is in-person.
Webinar to Explore Ethical Considerations in Petitioning for an Article 81 Guardian in New York
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…
How to Register an Out-of-State Guardianship in New York
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…
U.S. Senators Draw Attention to Lack of Guardianship Data as Britney Spears Conservatorship Controversy Gains National Attention
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.
In…