Adult Guardianship Law Blog

Providing News and Insight on Adult Guardianship Law in New York

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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

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.

Two United States Senators last week called on the heads of two federal agencies to provide data and information on adult guardianship and conservatorships, as the media directs national attention to the controversial conservatorship of pop superstar Britney Spears.

In an open letter to Xavier Becerra, Secretary of the U.S. Department of Health and Human