Article 81 Proceedings
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 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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