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The Coalition to Assist Limited Capacity New Yorkers will host its second webinar event in a four part series on Thursday June 10, 2021 at 5:00pm EST The webinar event, entitled Article 81 Guardianships in New York: A Statewide Perspective, will explore “the common issues faced by practitioners across New York State” and “the unique local conditions faced within individual jurisdictions,” according to the Coalition,  a joint project of Project Guardianship and NYLAG’s
When commencing an adult guardianship proceeding in New York pursuant to Article 81 of the Mental Hygiene Law (“MHL”), the key document to be filed with the court is the petition. This document is essentially a detailed, formal, written request to have a guardian appointed.  In this blog post, I discuss drafting the petition in an MHL Article 81 guardianship proceeding, legal requirements, and best practices. …
The New York County Clerk’s Office is now, for the most part, closed on Wednesdays. But not necessarily for guardianship attorneys.  I recently attempted  (successfully) to have my court runner file an interim motion in an Article 81 proceeding in New York County on a Wednesday. It can be done! Per the New York County Clerk’s website:  “All NYCC in-person transactions are postponed on Wednesdays until further notice except in the case of…
I recently filed an Order to Show Cause in Kings County (Brooklyn) with a Petition commencing a guardianship proceeding pursuant to Article 81 of the Mental Hygiene Law. I used the same form and format as I have in the past, which had never been rejected (until now). On this particular occasion, the Clerk asked me to refile the Order to Show Cause with the service of process language matching the Sample Form provided by…
Not just anyone (or anything) can serve as a guardian for an adult in New York. Mental Hygiene Law Article 81, one of New York’s adult guardianship statutes, has specific eligibility requirements.  There are four categories of persons (and entities) that are eligible to serve as an article 81 guardian in New York – lay guardians, independent guardians, corporate guardians (both not-for-profit and for-profit), and public agency guardians.…
The Coalition to Assist Limited Capacity New Yorkers will sponsor a four part webinar series beginning with a panel of article 81 guardianship judges in New York City  who will discuss the impact of COVID-19 on their courts. “The judges will share their knowledge on how their parts and the practice within the courts have been impacted by the pandemic, best practices that have emerged in light of our new socially-distanced reality, and their hopes…
The Queens County Guardianship Office does not receive an alert when practitioners file papers via NYSCEF in Mental Hygiene Law Article 81 cases. Documents uploaded to NYSCEF in Article 81 matters should also be emailed to the Queens County Guardianship Office so that they receive the papers. Please email me at djr@djrattorney.com for the correct email address for the Queens County Guardianship Office.…
The New York County Clerk’s office now requires that all Stipulations and Consents to E-Filing in Mental Hygiene Law Article 81 guardianship cases must be So Ordered before being filed with the Clerk. Many practitioners, including myself, are electing to convert their Article 81 paper cases to  NYSCEF. In New York County, before filing a Stipulation and Consent to E-Filing, it would be prudent to contact the New York County Guardianship and Fiduciary Support Office
The Court Evaluator is not only a critical player in an article 81 guardianship proceeding, its role is unique to all other court proceedings. The Court Evaluator is frequently described as the “eyes and ears of the court”. Their job, in essence, is that of an investigator, tasked with gathering detailed information about the case to assist the Court in reaching its decision as to whether a guardian should be appointed.  The Court Evaluator is…