Adult guardianship proceedings reveal to complete strangers some of the most intimate and personal details of a person’s life. “Guardianship proceedings are unique and different from most other forms of litigation since the respondent, the individual haled into court against
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.
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End-of-Life Decision Making for Article 81 Guardians
Among the many difficult decisions guardians make for their wards are end-of-life decisions.
Guardians often must make a judgment call about their ward’s life, especially if their incapacitated ward is in a hospital or nursing home. If their ward’s preferences…
Court Evaluators Are Not Parties And It Matters
Court evaluators are not parties to a Mental Hygiene Law article 81 guardianship proceeding, and it matters.
Court evaluators, known as the “eyes and ears” of the court, are essential actors in a guardianship proceeding, but they are not a…
Article 81 Provides Fee Shifting Safe Harbor for Petitioners Acting in Good Faith
If a petition to appoint a guardian is dismissed in a Mental Hygiene Law (MHL) Article 81 proceeding, the statute on its face permits the court to direct the petitioner to pay the fees of the Court Evaluator and Court-Appointed…
Discharging the Guardian: A Step-by-Step Overview
Guardianship doesn’t last forever. The Incapacitated Person (IP) could die, regain capacity, or move out of the country, among other reasons. Sometimes, the guardianship doesn’t end, but the guardian needs to resign. When this happens, the guardian must be discharged…
Getting Paid 18-B When the AIP Has No Funds
Have you been awarded fees pursuant to County Law Article 18-B? Here’s how to get paid by New York City.…
PING Designation Does Not Mean Less Power for the Guardian
There is a common misconception among adult guardianship attorneys, even some of the most experienced, that a “PING” designation in an Article 81 guardianship proceeding, by its very nature, equates to less power for the guardian than an Incapacitated Person…