Article 81 Guardianship
Estate Planning Lawyers in New York
In New York State, the court has the ability to appoint guardians to care for or otherwise oversee those who do not have the mental capacity to take care of themselves. This is done primarily through the use of guardianship law Article 81. If a court has appointed you as a guardian in such a situation, or if you need a court to appoint a guardian over a loved one, you should not enter the situation without first understanding it.
At Novick & Associates, PC, our New York guardianship attorneys can guide you through any estate litigation situation, no matter how simple or complex it may seem on the surface. For more than 30 years, we have been a well-known and respected law firm in the greater New York metropolitan area, having delivered a series of landmark
victories to our clients.
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What are the Details of Article 81?
For the most part, Article 81 focuses on the care of individuals who no longer have the mental capacity to take care of themselves. The circumstances of how they lost this mental capacity can vary without disqualifying the use of Article 81.
Some of the most common reasons why someone would lose mental capacity to care for themselves include:
- Sudden accident (brain damage)
- Degenerative illness
- Advanced age
A guardian appointed to someone through Article 81 needs to ensure that the person they guard, so to speak, does not act in a way that harms themselves. Harm can be defined as damage to their bodies, property, or even their finances. In fact, mental incapacity will usually directly affect the handling of finances first and foremost, as the person fails to make appropriate purchase, medical care, or business decisions due to a lack of comprehension.
Powers that can be granted to a guardian through Article 81 include:
- Paying bills
- Assign a residential care facility
- Freeze bank accounts being abused
- File a court order of protection
- Assist with Medicaid planning
- Handle taxes
Provide Care Today for a Better Tomorrow
Being assigned as a guardian for an individual through a court order based on Article 81 can be an initially confusing time. Our New York estate planning attorneys believe, however, that with some legal counsel and careful planning, you can overcome any challenges. It all begins with teaming up with us so we can discuss what is going on, and what moves you need to take next. After all, someone you know and care about needs your help, and we do not want to let them down.
today, tell us about your situation, and we can see about pointing you in the right direction.