Guardianship, 2022-23

Contents at a Glance

Effect on Existing Committees and Conservatorships / Standard for Appointment of Guardian / Procedural Protections for the Alleged Incapacitated Person / Provisional Remedies / Dispositional Alternatives / Appointment of a Guardian / Guardian / Effect of the Appointment on an Incapacitated Person / Death of Incapacitated Person / Education Requirements

Product Description

Part of the New York Lawyers’ Practical Skills Series (PSS)

Product Number: 41123/41123E (PSS)

This practice guide is designed to help the practitioner navigate this complex area of law. Guardianship examines the major provisions of Article 81 of the N.Y. Mental Hygiene Law (MHL) along with relevant case law. Article 81 of the MHL balances the competing aims of protecting the person in need of assistance with preserving his or her rights. This statute authorizes the appointment of a guardian whose authority is appropriate to satisfy the personal or financial needs of an alleged incapacitated person (AIP), while limiting that authority to only those activities for which a person needs assistance.

This title provides valuable assistance to attorneys practicing in this area with topics that discuss the necessity of appointment; standards for the appointment of a guardian; procedural protections for the AIP; procedures covering the appointment of a guardian; and subsequent supervision, modification and education requirements for guardians.

Recent case law and author commentary has been added throughout the Guardianship practice guide, including coverage of the recently enacted MHL Article 82, recognizing supported decision-making by individuals with intellectual, developmental, cognitive and psychosocial disabilities. Forms have been reviewed and updated as needed. 

This practice guide also includes a set of Downloadable Forms. The 2022-2023 release is current through the 2022 legislative session.

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