Legal Question in Civil Rights Law in New York

New York law provides, in appropriate circumstances, for the appointment of a person to act as the guardian for another person's property management or personal needs. The proceeding, pursuant to Article 81 of the Mental Hygiene Law, is designed to permit the court to tailor the powers of the guardian to the needs of the "incapacitated person." Thus, some persons require a great deal of assistance while others may need assistance of only a limited type or for a limited duration.

The proceeding is brought on by order to show cause and can often be started and finished in a matter of, say, six weeks or so.

After the order to show cause is signed by a judge, the court appoints a "court evaluator" (who often, but not always, is an attorney) to investigate the allegations in the petition and report back to the court with recommendations.

The hearing comes on quickly. The ultimate judgment is designed to afford the person who is the subject of the proceeding as much independence and decision-making as his or her circumstances dictate.

If you would like help with such a proceeding, you may feel free to contact me. I have been involved in more than 200 guardianship and related proceedings. Feel free to contact me by e-mail or by phone (212) 791-6240.

Good luck to you.