Article 81 Guardianship
What Is A NY Article 81 Guardianship And When Is It Necessary?
An Article 81 guardianship in New York is a very specific court proceeding that is brought generally by a family member on behalf of another family member who is an adult that has lost legal capacity to handle their medical decisions and/or financial decisions due to a mental defect or due to a medical condition.
The NY guardianship proceeding is brought when a person who has not and cannot draft and execute a HealthCare Proxy or NY Power of Attorney, because they lack the legal capacity to do so, because of a medical and/or mental defect.
For example, a person would be deemed to lack legal capacity to execute a valid NY power of attorney or a health care proxy if a person suffers from alzheimers, dementia or has had a stroke or some other medical illness or mental issue or defect that has made it impossible for them to understand what they are signing or who it is that they want in charge of making medical or financial decisions. If they lack that understanding they cannot legally draft or execute a valid Health Care Proxy or Power of Attorney in NY because they lack legal capacity.
Therefore, a formal New York Article 81 guardianship is needed in order to have a guardian appointed by the court so that person will have the legal authority to make medical and financial decisions for that person who is incapacitated.
If a loved one or someone in your family has failed to execute a valid NY Power of Attorney or Health care Proxy and is unable to do so now because they lack the required legal capacity to do so because of a mental or medical defect and an Article 81 guardianship proceeding needs to be brought in New York City, Bronx, Brooklyn, Long Island, Queens, Staten Island, Westchester or White Plains, The Law Offices of Michael Camporeale can help.
We are NY elder law attorneys well versed and experienced in guardianships and in Medicaid and estate planning in helping families in NY with this very specific court proceeding. In a NY guardianship proceeding you would be asking a judge to find the person to be incapacitated and unable to handle their affairs and to be in need of a guardian. In the guardianship proceeding you would be asking the Court to allow you or some other court appointed person to become the guardian of the person and/or property and be placed in control of making all decisions regarding the person and/or their assets. If you need help with the guardianship proceeding in New York, you need to contact an experienced and qualified NY elder law attorney. The lawyer must also be familiar with estate planning, and elder law in New York. The Law Offices of Michael Camporeale are experienced elder law lawyers and elder law attorneys based in New York. We also have estate planning lawyers and estate planning attorneys to help you with your problems.
If a person has failed to execute a Power of Attorney in NY or a Health Care Proxy and has lost legal capacity to do so, the guardianship will be necessary in order to legally handle and control the estate and affairs of the incapacitated person. The guardian will have the legal authority to determine where a person lives, handle their assets and finances, pay their bills and control and direct their medical care which is necessary in order to do proper Medicaid and estate planning in order to preserve assets so that they are not spent on the catastrophic costs associated with long term care including nursing home care costs.
This is why it is very important for a person to draft and execute a valid NY Power of Attorney and Health Care Proxy while they are in good health and before they are stricken with an illness or an accident so as to have to avoid a NY guardianship proceeding if they become incapacitated.
Without the Health Care Proxy, NY Power of Attorney or NY guardianship order, nothing can be done legally for an incapacitated person until a guardian is appointed by the court. The incapacitated person is in a state of limbo in that no one is legally in charge of their affairs regardless of the fact that they may have a wife or child or some other family relationship. It is the Health Care Proxy, the NY Power of Attorney or guardianship order that conveys the legal authority over another to legally handle their medical and or financial affairs.
The NY guardianship lawyers at the Law Offices of Michael Camporeale are experienced NY elder law attorneys well versed in guardianships, Medicaid and estate planning and can determine whether a person lacks the legal capacity to draft and execute a valid Power of Attorney and/or Health Care Proxy and whether a New York Article 81 guardianship is necessary.
We are well versed and experienced elder law lawyers who have been successfully helping families with their elder law and guardianship needs in the New York City metro areas of Westchester, White Plains, Manhattan, Long Island, Bronx, Queens, Brooklyn and Staten Island for well over a decade. Our offices are located in Staten Island, New York, Brooklyn, Bronx, White Plains, Garden City, Melville, NY.
Call today for a free consultation at (718) 475-9639.
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