Legal Question in Wills and Trusts in New York

Hi, Aside from a guardian ad litem process, is there any protcol in NYS EPTL or SCPA for proving informed consent by a person under disability? (This question is a repeat. The first responder insisted that the Surrogate's Administration Clerk should have

advised me - They did: "A lawyer would conceal the disability".)

Thank you, tax liens and building code violations are accumulating

and legal fees can't be raised.


Asked on 4/11/17, 8:48 am

1 Answer from Attorneys
Richard Bryan Richard Bryan Attorney PC

I'm not sure you're asking the right question.

A person under a disability who is a legatee or distributee under a last will and testament, or via intestate administration, gets appointed a guardian ad litem by the surrogate's court to represent their interests.

It seems to me based on your question, that what you are asking involved an Article 81 proceeding under the Mental Hygiene Law, for a Guardian of the Person to be appointed to represent the interests of the incapacitated person. That is not a "guardian ad litem."

These are apples and oranges types of "guardianship." I can't tell from your facts as to which one meets your needs.

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Answered on 4/11/17, 9:20 am


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