GUARDIANSHIP (Article 81)
An Article 81 Guardianship Petition seeks the Court to appoint a guardian to manage the financial and/or personal/medical needs and affairs of an incapacitated adult.
Once the petition is properly filed the Court will appoint an attorney to represent the alleged incapacitated person and appoint a court attorney to investigate the facts of the case. The court attorney submits a report of the findings to the Court.
The Court will thereafter hold a hearing to take further evidence and consideration before determining whether the alleged person is incapacitated and in need of a guardian.
The Court may deny the petition, grant guardianship for only the "person" (personal and medical needs), grant guardianship for only the "finances" (financial and business affairs) of the person, or grant guardianship for both the person and the finances.
An Article 81 Guardianship Petition and proceedings can be complex and costly.
If at all possible, estate planning prior to a person becoming incapacitated is beneficial, such as providing a Power of Attorney to manage financial and business affairs and a Health Care Proxy (living will) to manage personal and medical affairs.
Once the petition is properly filed the Court will appoint an attorney to represent the alleged incapacitated person and appoint a court attorney to investigate the facts of the case. The court attorney submits a report of the findings to the Court.
The Court will thereafter hold a hearing to take further evidence and consideration before determining whether the alleged person is incapacitated and in need of a guardian.
The Court may deny the petition, grant guardianship for only the "person" (personal and medical needs), grant guardianship for only the "finances" (financial and business affairs) of the person, or grant guardianship for both the person and the finances.
An Article 81 Guardianship Petition and proceedings can be complex and costly.
If at all possible, estate planning prior to a person becoming incapacitated is beneficial, such as providing a Power of Attorney to manage financial and business affairs and a Health Care Proxy (living will) to manage personal and medical affairs.