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
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.
Latest from Adult Guardianship Law Blog - Page 2
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…
How Easy Is It to Sue an Incapacitated Person?
Bringing suit against a person for whom a guardian has been appointed isn’t for the faint of heart.
A person seeking to litigate against a guardian in its representative capacity, or a judicially declared incapacitated person (“IP”), cannot proceed without…
Kings County Requires the Order to Show Cause Service Provisions Match the Sample Form
I recently filed an Order to Show Cause in Kings County (Brooklyn) with a Petition commencing a guardianship proceeding pursuant to Article 81 of the Mental Hygiene Law.
I used the same form and format as I have in the…
Who (and What) Can Serve as an Article 81 Guardian?
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…
Panel of NYC Judges to Discuss Impact of COVID-19 on Guardianship Parts
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…
Email Queens Guardianship Office After E-Filing
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…
New York County Stips to Convert to E-Filing Must Be So Ordered Before Being Filed With Clerk
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…
Role of the Court Evaluator
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,…