Article 81 Proceedings

Article 81 of the Mental Hygiene Law provides the procedure by which an individual can seek appointment of a guardian to handle another adult person’s financial affairs and/or personal needs. An Article 81 guardianship proceeding is initiated by the filing of an Order to Show Cause and Petition. These documents must detail for the Court the reason why a guardian is necessary and the circumstances surrounding the alleged incapacitated person’s situation. It is important to note that the appointment of an Article 81 guardian should be a last resort and, when appointed, the guardian’s powers will be tailored to the actual needs of the person alleged to be incapacitated (“AIP”).

During an Article 81 guardianship proceeding, the Court will appoint a Court Evaluator. This individual serves an important role and acts as the “eyes and ears” of the Court. He or she conducts an investigation and writes a report detailing his or her findings and makes recommendations to the court. The petitioner has the burden to show that the appointment of a guardian is necessary to provide for certain needs of the AIP and that the AIP either agrees to the appointment of a guardian or that the AIP is incapacitated and unable to agree or disagree. In order to find the AIP incapacitated, there must be a showing of clear and convincing evidence that the AIP is unable to provide for his or her own needs and he or she lacks the ability to understand the nature and consequences of such inabilities.

Once appointed, an Article 81 guardian must take a training course and must file annual reports to the Court.

Guardianship proceedings are complicated and require the expertise of an experienced attorney. The attorneys at Makofsky Valente Law Group, P.C. are experienced with guardianship proceedings and are available to discuss any questions you may have regarding these proceedings. Call us at (516) 228-6522 or email us.

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LOCATED IN GARDEN CITY, NEW YORK, Makofsky Valente Law Group, P.C. (formerly Makofsky Law Group, P.C. formerly Makofsky & Associates, P.C. formerly Raskin & Makofsky, LLP) HAS SERVED CLIENTS IN AREAS INCLUDING LONG ISLAND, NEW YORK CITY, MANHATTAN, QUEENS, BROOKLYN, BRONX, WHITE PLAINS, MINEOLA, HEMPSTEAD, LEVITTOWN, MASSAPEQUA, BETHPAGE, SYOSSET, OYSTER BAY, GLEN COVE, PORT WASHINGTON, MANHASSET, GREAT NECK, WOODMERE, VALLEY STREAM, ELMONT, FLORAL PARK, FLUSHING, KEW GARDENS AND FOREST HILLS, NEW HYDE PARK, EAST MEADOW, PLAINVIEW, Merrick, Westbury, Long Beach, Oceanside, Franklin Square, Huntington and Rockville Centre.

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