Article 81 of New York’s Mental Hygiene Law allows for the appointment of a guardian for an incapacitated person. The court can appoint a guardian for an individual if it is found that the appointment is necessary to help the person with his or her personal needs or to manage his or her financial affairs, or both. In addition, the person must either agree to the appointment or be found to be incapacitated.
Parties who can bring a guardianship proceeding are:
- The allegedly incapacitated individual,
- A person entitled to share in the estate of the individual,
- An executor or administrator of an estate of which the individual is or may be a beneficiary,
- A trustee of a trust of which the individual is the grantor or a beneficiary,
- A person with whom the individual lives,
- A person concerned with the welfare of the individual, including a public agency, such as the department of social services in county in which the individual lives, and,
- The CEO of a facility in which the individual is a patient or resident.
The petitioner is the person who brings the matter before the court. The petitioner is not necessarily appointed the guardian. In some cases, an agency may initiate a proceeding for its clients, but may not be able to serve as guardian.
Do you know an adult who you believe needs a guardianship in New York? Call the New York Guardianship Attorneys at Friedman & Ranzenhofer at 716-542-5444. Our attorneys will help you with the guardianship proceeding. Call to learn more.