Legal Question in Family Law in New York

Re: Guardianship of a person

Neither The Matrimonial, Family Court nor Domestic Relations Law, covers this type of matter.

Usually, there is a Guardianship course, Guardianship Accessment, Evaluation Report and a "special" Guardianship appointment, made by the Court, (usually Surrogate's Court) per Article 81, that is required before even a parent may be given "control" subject to Court supervision, of an incapacited person's assets.

Guardianship over "an incapacited person" (person and assets), is covered by Article 81 of the NYS Mental Hygiene Law. The Supreme Court and Surrogate's Court both have jurisdiction over these matters.

Good luck,

Re: Guardianship of a person

This is correct.

This entails the creation of an 'Article 81 Guardianship'. The creation will not be difficult because of the voluminous documenation of the need for the guardianship that you have.

The course mentioned by my colleague is given periodically by the various 'bar associations' in each county. The cost is approximately 45 dollars and lasts three hours. It deals with the nuts and bolts of what you must do to maintain an accounting of the assets.

You are welcome to a consultation for no fee.