If you are the AIP in a guardianship proceeding, you can have an attorney appointed to represent your interests, or you can hire an attorney of your own choosing. What If I Don’t Agree With the Need for A Guardian? A guardian can be appointed if the individual either consents to the appointment, or is otherwise deemed to be “incapacitated.” The term “incapacitated” means that an individual is likely to suffer harm because (1) they are unable to provide for their personal needs or property management, and (2) they cannot understand the consequences of their inability to manage their own needs. The Court will appoint a guardian where an individual needs assistance providing for their personal needs or property management. In some cases, the local Department of Social Services may serve as the guardian where there is no one else to act. A not-for-profit agency can also serve as an Article 81 Guardian. Other interested parties – this can include family members, proposed guardians, and other parties who are interested in the proceedings.Īny person over the age of 18 can serve as guardian. The Court Examiner provides continued oversight over the Guardian, on behalf of the Court. The Court Examiner – reviews and approves the Guardian’s annual reports. This person, who is often a lawyer, will review records, interview the AIP and interested parties, and make recommendations to the Court. The Court Evaluator – the “eyes and ears” of the Court. The Attorney for the AIP - the Court can appoint an attorney to represent the AIP during the guardianship proceedings, or the AIP is free to hire an attorney of their choosing. The Alleged Incapacitated Person or “AIP”– the individual who allegedly needs a guardian. The “Petitioner” – the person who files the guardianship petition, alleging a need for a guardian (oftentimes through a lawyer). The Court (Judge) – a judge in the New York State Supreme Court or the County Court (if outside of New York City) of the County where the individual resides will hear the case. Who is Involved in an Article 81 Guardianship?Īn Article 81 Guardianship consists of the following parties: This can even include an individual petitioning for guardianship for themselves. Though an attorney is not required, having one is highly recommended, to help navigate this complicated process.Īny person who is concerned for the welfare of another individual can file for Article 81 guardianship. Any person who is concerned for the welfare of another can file a guardianship petition. A person subject to a guardianship proceeding retains due process rights throughout the duration of the proceeding and after.ĭo I Need an Attorney to File a Guardianship Petition? The judge will receive information and evidence about the case before they decide whether a guardian is appropriate. A petition is a legal document that explains the facts showing a need for a guardian, and requests the appointment of guardian to make decisions. Regardless of the powers granted, an Article 81 Guardian does not have the authority to compel the person under guardianship to comply with certain health care and medications.Ī guardianship proceeding begins with the filing of a “petition” in court. The guardian does not have power to do things that are not listed in the court order. The types of things that a guardian may do include making medical decisions, choosing where the person should live, choosing who will take care of the person, paying bills, signing contracts, and entering into financial transactions. The court order appointing a guardian will list the things the guardian can do. The court will decide whether a guardian should be appointed to make decisions about the personal needs, the property management or both. This blog post will focus on Article 81 Guardianships. Article 81 Guardianships permit a court to “tailor” a Court Order, allowing for only those powers that a person needs. Article 81 Guardianships are for incapacitated adults. For more information, including how to a file a petition, see The New York Courts: Court Help website.Īrticle 81 Guardianship – governed by Article 81 of the Mental Hygiene Law. Covered disabilities include cerebral palsy, epilepsy, a neurological impairment, autism, a traumatic head injury. Article 17-A appoints a guardian for adults (age 18 or over) who are intellectually or developmentally disabled. These guardianships include the following:Īrticle 17-A Guardianship – governed by Article 17-A of the Surrogate’s Court Procedure Act. In New York State, there are generally two different types of adult guardianships, each designed to serve specific populations. A judge appoints a guardian, after a proceeding in court. Introduction to Adult Guardianship under Article 81 of the Mental Hygiene LawĪdult Guardianship is a legal process used to support individuals who are unable to make decisions or manage affairs for themselves.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |