Law Firm of Daniel J. Reiter, Esq.

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In a New York Mental Hygiene Law Article 81 guardianship proceeding, courts strongly prefer appointing family members as guardian of the incapacitated person. However, there are exceptions.

When  family members fight to be appointed guardian, are acrimonious, or can’t get along, courts often hesitate to appoint any family member as guardian, even if otherwise qualified.

Article 81 guardians are often given broad powers over an Incapacitated Person’s life. One of the more challenging decisions many guardians face is deciding where their ward should live. 

Is the current living situation suitable? Should the Incapacitated Person live at home? A nursing home? 

Making the decision itself is just one piece of the

WebSurrogate, the online document retrieval service for Surrogate’s Courts, relaunched.

The website was originally launched in the spring and quickly taken offline.

According to its website, “WebSurrogate provides information on estate proceedings and other filings within New York State Surrogate’s Courts. WebSurrogate is a free service that allows you to search files, retrieve documents,

The Coalition to Assist Limited Capacity New Yorkers will present a three-part series of webinar panel discussions on navigating the ethical challenges that arise in the practice of Mental Hygiene Article 81 guardianship cases.

The first webinar, which will focus on the petition and hearing, will take place on September 30, 2021 at 5:00pmEST.