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 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 […]
Mr. M. moved to the Bronx, NY from Florida after the death of their parents to care for his sister, a shut-in who had not been outside of her home for 40 years and had not been bathing or changing her clothes. Although he had engaged home care services for her, he could not provide […]
As part of the Art 81 proceeding, petitioner sought to establish that the AIP lacked capacity when she entered into a reverse mortgage and also that she has signed the agreement under duress. The court shifted the burden of proof to the lender to show that the lender has complied with its duty under the […]
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 […]
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