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
Adult Guardianship Law Blog
Providing News and Insight on Adult Guardianship Law in New York
Blog Authors
Latest from Adult Guardianship Law Blog
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…
Coalition to Assist Limited Capacity New Yorkers to Host Second Webinar Event
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…
Drafting Article 81 Petitions: The Checklist Approach
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…
New York County Clerk Now Closed on Wednesdays With Exceptions for Guardianship Cases
The New York County Clerk’s Office is now, for the most part, closed on Wednesdays. But not necessarily for guardianship attorneys. I recently attempted (successfully) to have my court runner file an interim motion in an Article 81 proceeding…