Guardianship Proceedings Article 81


In New York, a guardianship is a legal relationship whereby the court provides a person with the legal authorization to make certain decisions for someone who is unable to make decisions of that type for him or herself.

Guardianship Proceedings Article 81

Guardianships are legal arrangements that require the court to appoint a guardian for a ward, the person for whom the guardian makes decisions. The guardian must be over age 18 and a citizen or legal resident of the United States. There are a number of reasons why the ward may need a guardian. Often, the ward does not have the cognitive ability to make decisions for him or herself, and they cannot give informed consent for medical, personal, or financial matters. The type of guardianship will determine whether the case will be handled in the Surrogate’s Court or the Supreme Court.

Buitrago & Associates has many years of experience in matters involving Article 81 guardianship proceedings. Article 81 of the Mental Hygiene Law authorizes the court to appoint a guardian when the following conditions are met: (1) appointing a guardian is necessary to provide management for someone else’s financial or property affairs, or their personal needs, and (2) the person agrees to this appointment or is incapacitated.

If an individual does not agree to a guardian, the court must specifically make a finding that the person is incapacitated. The statute requires the court to consider a potential ward’s functional level and restrictions, and it should assess whether the ward is able to handle their own activities for daily living.

Buitrago & Associates also handles matters involving Article 83 and Article 17-A proceedings.

Nursing Home Recovery and Reimbursement

Buitrago & Associates can provide the following Nursing Home services:

  • Resident Accounts
  • Medicaid Eligibility
  • Fair Hearings
  • Article 78 Proceedings

Contact Buitrago & Associates today.


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