For a person to execute advanced directives such as a Health Care Proxy, Living Will, and Power of Attorney he or she must have the mental capacity to understand what he or she is signing and the power that is being given to the designated agent(s) named in the documents. If an individual does not have adequate capacity to execute advanced directives, an Article 81 proceeding may be commenced in order for a court to appoint a guardian. Article 81 of the New York State Mental Hygiene Law allows a proceeding to occur before a judge, where a person may request that the court appoint a guardian to act on behalf of a mentally incapacitated individual. Continue reading “Guardianship Proceedings”
Category: Guardianship
Guardianship Proceedings in New York State
New York State offers two types of guardianship proceedings for adults:
- Article 17-A guardianship under the Surrogate’s Court Procedure Act (SCPA)
- Article 81 guardianship under the Mental Hygiene Law (MHL)
While both of these proceedings involve a court being petitioned to appoint a guardian to care for the needs and property of another, there are some differences. Continue reading “Guardianship Proceedings in New York State”
Guardianship of Incapacitated or Disabled Persons in New York
Caring for an elderly individual with Alzheimer’s can be challenging. Due to the degenerative nature of the condition, a person with Alzheimer’s may reach a point when they are no longer capable of making informed decisions about the assistance or care they need. If an individual becomes incapacitated and did not establish a Power of Attorney, his or her loved ones may seek to establish a guardianship through a court proceeding or have it granted by a judge. Continue reading “Guardianship of Incapacitated or Disabled Persons in New York”
