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Article 81 Guardianship Attorney (New York State)
182A 26th Street near 4th Avenue
license info:
NY State
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Article 81 of the Mental Hygiene Law was enacted by the New York legislature to address the personal and property management needs of an allegedly incapacitated person (AIP). "Incapacitated persons" are those unable to provide for their personal needs and/or property management, and who cannot adequately understand and appreciate the nature and consequences of such inability.
Under Article 81, the court cannot appoint a guardian unless it finds that such appointment is necessary, and the person agrees or is incapacitated. A finding of incapacity requires a determination, based on clear and convincing evidence that the person is likely to suffer harm because he or she is unable to provide for his or her personal needs and/or property management; further, the person must not adequately understand and appreciate the nature and consequences of such inability.
Article 81 stresses that a guardian's powers must be specifically tailored to the particular needs of a person with respect to personal care and/or property management. The court focuses on the best interest of the person, and makes appointments based on the person's functional level and limits. For example, the court considers the person's personal needs, property and financial affairs, physical illness, mental disability, alcoholism or substance dependence, and medication history.
The statute and case law governs the eligibility, selection, and powers of guardian. Priority is given to a guardian nominated by the AIP, and preference is ordinarily given to a family member. The court considers factors including the relationship between the person and the proposed guardian, as well as the person's needs, finances, and potential conflicts of interest. Guardians are only granted powers appropriate to the individual which constitute the least restrictive form of intervention. The court may also consider available resources, the need for major medical, dental, or life sustaining treatment, and whether the person is living in a facility.
Guardianship proceedings have dramatic consequences for a person's due process and independence. The process is often time-consuming and complicated. Before commencing or appearing in a Guardianship proceeding, consider contacting an experienced professional to represent you or your loved one's best interests. The initial phone consultation is free.
Learn more about the firm's commitment to the local community:
http://www.brooklyneagle.com/articles/2015/8/24/sidebar-park-slope-lawyer-jimmy-lathrop
THE LAW OFFICES OF JAIME LATHROP, P.C.
182A 26th STREET
SUITE 2R
BROOKLYN NEW YORK 11232
TEL: (718) 857 -3663
www.parkslopelawyer.com
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