Mark Glendon

The Process to Become an Article 81 Guardian

Caring for someone in need is an altruistic endeavor often taken on by parents, siblings, and children. In some cases, this is referred to as guardianship in situations where the person being cared for is unable to manage their finances, legal, or medical choices. In the state of New York, this kind of guardianship may be referred to as Article 81 guardianship.

Article 81 guardianship refers specifically to the care of someone who is mentally incapacitated. It gets its name from Article 81 of New York's Mental Hygiene Law. If you plan to become a guardian for someone who is mentally incapacitated in NY, you're encouraged to seek out a guardianship law firm New York City residents trust to handle these matters.

Evaluation by the Court

Before you're able to become an Article 81 guardian, your case will need to be brought before New York's Family Court, Surrogate's Court, or Supreme Court via a petition for guardianship. Your case will be assigned an evaluator who will act on the court's behalf to investigate your claims and evaluate the need for guardianship. The evaluator may also evaluate your fitness to become a guardian and issue a report back to the court in response to your petition.

The Benefits of Partnering With an Attorney

Hiring a guardianship law firm New York City residents trust to handle family court matters is often a key component of reaching an agreeable outcome. An attorney who specializes in family law and guardianship cases can represent your interests and the interests of the loved one who requires care.

If the court's evaluator determines that your petition is without merit or that you do not meet the fitness qualifications for becoming a guardian, your attorney can enact your next steps to ensure you are treated fairly by the court. Additionally, your attorney can speak on your behalf in many court matters to ensure that protocols are followed and that your case moves ahead with efficiency.

Author Resource:-

Mark writes often about estate planning. His articles may include topics like real estate closing attorney and business succession laws to help the people in needs. You can find his thoughts at real estate law blog.