Fratello Law

Article 81 Guardianship Attorney Syosset, NY

Protect & Support Your Loved Ones with Help from an Experienced Guardianship Attorney

When an individual becomes incapacitated or unable to take care of themselves, and do not have a valid Power of Attorney and Health Care Proxy, they may require a legally appointed individual to act on their behalf. Article 81 Guardianship, also called Guardianship of An Incapacitated Person, is one of two types of guardianship available in New York and designates an individual to manage the property and/or person of an individual requiring legal guardianship.

If you have a loved one who is no longer able to manage his or her affairs and are looking to start the process of an Article 81 Guardianship, you may feel overwhelmed by the complicated process and legal requirements.

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Suffolk Office: (631) 406-5580
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How Do I Become a Guardian Under Article 81?

To commence the process of an Article 81 Guardianship, the person seeking to become the Guardian is call the Petitioner and must file a Petition in the Supreme Court of the county in which the alleged incapacitated person (AIP) resides. The Petitioner must be 18 or older and must meet the approval of the court. This determination is made through the petition papers and a hearing where the Petitioner must appear before the appointed Judge to present testimony to satisfy the court’s inquiry that the individual meets the legal requirements and is best suited to meet the needs of the AIP.

For an individual to start the process of becoming a guardian, they must complete the following steps:

Complete Court Forms

The first step in the guardianship process is filing a Petition with necessary supporting documents, including:

A petition (explaining why a guardian is necessary, who should be appointed guardian, the purpose of the guardianship or powers being requested and requesting the court open the matter);
An order to show cause (the order advising all interested parties, including the AIP, of the filing of the Petition, the powers being sought and the date, time and place of the hearing); and
A request for judicial intervention (the request for a judge to be assigned to the case

Serve the Documents

Serving a document means delivering legal information to everyone who is an “interested party,” those who might have standing to support or object to the proposed guardianship of the AIP. . It is imperative to serve the proper documents to those involved in an Article 81 Guardianship petition because it informs the alleged incapacitated person of the potential guardianship.

Court Review

Prior to holding a hearing on the matter, the court will assign an independent court appointed attorney to represent the interests of the AIP and a court appointed evaluator to interview all interested parties and prepare a report on his/her findings. The court will review all documents presented by the Petitioner, the report prepared by the court appointed evaluator and then hold a hearing at which the AIP generally appears. Once the court reviews all information, the AIP either consents to the appointment or the court deems them incapacitated and then determines whether the Petitioner should be appointed as the guardian. Finally, the court determines the powers awarded to the guardian.

Understanding Article 81 Guardian Responsibilities

Even if a person has the best interests of the alleged incapacitated individual, the guardianship responsibilities may prove overwhelming if unprepared. Under New York legislation, a person must perform certain duties as a legal guardian under Article 81. The following are a few examples of responsibilities guardians may perform under a court order:

  • Signing contracts
  • Choosing where the person will live
  • Determining the person’s caretaker
  • Making medical decisions
  • Managing bank accounts
  • Completing financial transactions

While a guardian is expected to act in the individual’s best interests and make decisions that promote their well-being, the authority a guardian receives depends on the court order. To fully comprehend the requirements and limitations of guardianship under Article 81 in New York, it is crucial to consult with an attorney who can provide guidance tailored to your specific situation and an understanding of the process involved..

Why Contact an Article 81 Guardianship Attorney?

An Article 81 attorney in Syosset specializes in New York guardianship laws and regulations and has in-depth knowledge of the legal process, requirements, and responsibilities associated with guardianship. By providing accurate and up-to-date information based on the current laws, they will help you navigate the legal system.

Guardianship proceedings can be intricate and involve various legal documents and court procedures. Handling court proceedings without a legal representative is risky and exposes you to potential legal problems with your petition. An experienced guardianship attorney, will ensure you comply with all legal requirements and explain complex situations.

Contact a Syosset, New York Article 81 Guardianship Attorney at Fratello Law Today

By working with an attorney for your guardianship petition, you can have peace of mind knowing a knowledgeable professional is working by your side throughout the process. With over 120 years of combined experience, our Fratello Law attorneys utilize their extensive knowledge to protect your rights through legal proceedings.

We take pride in creating a space where clients may feel comfortable discussing their unique and personal circumstances and expressing their concerns and questions. Schedule a no-cost consultation with one of our team members by filling out our contact form or calling (631) 406-5580 today.

Guardianship Services We Offer

Article 81 Guardianship

An Article 81 guardianship proceeding is typically used to petition the court to appoint a legal guardian, including the elderly and disabled, with cognitive or functional limitations that are likely to cause them financial or personal harm. The goal of Article 81 guardianship is to secure a guardian who will be given the legal power to act on behalf of a person with cognitive limitations to manage their property and personal needs. The attorneys at Fratello Law will use their broad experience to help you apply for and maintain an Article 81 guardianship for your loved one.

Article 17A Guardianship

In New York, the parents of your disabled loved one are deemed their Parent and Natural Guardian until they turn 18. Once your loved one turns 18, New York State law deems them a competent adult capable of managing their everyday lives on their own. However, this is not always appropriate. Article 17A Guardianship allows you to remain the guardian of your diasbled loved one and care for their physical and financial needs beyond the age of 18. At Fratello, our experienced attorneys will guide you through the process of applying for and maintaining Article 17A Guardianship.

Guardianship Accounting

If the court finds it necessary, a guardian is appointed to manage the assets and property of your disabled loved one. If you are appointed by the court as your loved one’s guardian, you are responsible for overseeing and using your loved one’s funds to support their wellbeing. In addition to using the funds, as a guardian you are also responsible for guardianship accounting, which requires you to keep a detailed record of all your loved one’s income and expenses. Our expert attorneys can take the burden of guardianship accounting off of your plate, so you can spend more quality time with your loved one.

Change of Guardian

Sometimes an appointed guardian can no longer serve as a guardian. A guardian can voluntarily resign because they no longer want to be the guardian and a new guardian can be appointed by the court. If a guardian is no longer capable or suited to be the guardian, you can petition the court for the removal of the unsuitable guardian. Our attorneys have extensive experience helping people like you and their loved ones exercise all three of these options to serve the best interests of their loved ones.