Legal issues regarding New York Guardians : MHL Article 81 & SCPA 17

Who Qualifies As A Special Needs Individual In New York For Guardianships?

When a person turns 18 in New York, he or she gains the legal rights of adulthood, including the right to decide where to live, the right to enter into contracts, the right to decide about medical treatment, and more. However, people with serious mental disabilities or those who are developmentally disabled typically need assistance…

My Father Just Got Diagnosed With Alzheimer’s Disease in New York – Should I Seek Guardianship Immediately?

When a loved one is diagnosed with Alzheimer’s or dementia in New York, often family members believe they should become appointed guardian over that individual immediately. They may be unsure about the best way to plan for the eventual incapacity of the individual. They will want to do everything as quickly as possible to make…

Who Can Initiate A Guardianship Proceeding For An Incapacitated Adult In New York?

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,…

My Mother Can’t Take Care of Herself And Won’t Let Me Move Her To A Nursing Home in New York. What Should I Do?

This is a situation in which many children of elderly parents find themselves. Elderly individuals often want to stay in their homes and may insist they can properly care for themselves, but in truth they aren’t able to. The situation becomes especially tricky when there are two elderly spouses who are trying to care for…

NY GUARDIAN MAY WITHHOLD FEEDING TUBE

The New York Mental Hygiene Law Article 81 Guardian of a 92-year-old incapacitated person (IP) brought an emergency show cause order to withhold consent to the IP’s intubation with a feeding tube and the granting of “Do Not Resuscitate” and “Do Not Intubate” orders. The IP’s treating physician testified that the IP had mere weeks…

SISTER APPOINTED NY GUARDIAN SUBJECT TO APPROVAL OF ASSET PRESERVATION

Sister filed a petition to be appointed the NY Article 81 Guardian for the person and property of her brother, an alleged incapacitated person. A psychiatrist reviewed nursing home and hospital records, and evaluated him. The doctor opined that he lacked capacity to manage his personal needs and finances, and required the appointment of a…