Guardianship Article 81

What is guardianship? 
Guardianship is the vehicle by which seniors no longer able to protect themselves, receive the necessary care with respect to their financial and personal needs.

Using the Guardianship Article 81 of the New York Mental Hygiene Law is the appropriate step to take when those who are not able to care for themselves need proper attention and protection. Attention pertains to daily living and financial matters. Protection references the need to be taken care of by someone that is capable.

It is a very serious issue when a person needs to be appointed as a guardian. The courts take these cases with extreme thoroughness and analyze applications with great care. It is necessary to have a hearing prior to the court appointing a guardian.

Issues to be aware of:

  • Is a guardian necessary for the subject of the proceeding?
  • Does the individual want a guardian?
  • Does the person in need of a guardian understand what is going on in the courtroom?
  • If the need for a guardian is necessary who should it be? Should the guardian be a family member, friend, or someone appointed?

Emotional and financial issues generally accompany guardianship proceedings. It is highly recommended that you take the time to hire a lawyer that is an expert in litigation, conflict resolution, and negotiations. When guardianship cases arise it generally involves family members such as aunts, uncles, cousins, children, etc. Your attorney should be very well versed in the interest of the disabled party as well as the well being of all involved.