“The administration of government, like guardianship ought to be directed to the good of those who confer, not of those who receive the trust.”Marcus Tullius Cicero
The state of New York takes guardianship proceedings very seriously. The process of legally removing the various and nuanced rights of a law-abiding citizen of the United States is not a perfunctory thing. Guardianship laws are filled with complexity and if you and your family are considering pursuing Article 81 guardianship, it is your duty to retain the counsel of an experienced Buffalo area guardianship attorney.
What Is Article 81 Guardianship?
When someone believes that a loved one is no longer able to take care of his or her own personal needs and/or property, a petition for legal guardianship action is filed and an Article 81 guardianship proceeding commences.
Substantiating Your Petition
In order for your petition to be eligible for approval, you and your legal counsel will have to provide “clear and convincing evidence.” This means the evidence is:
- Highly or substantially probable to be more true than not true
- That the person is likely to suffer harm if left to his or her own
- That an appointment of a guardian is necessary due to such circumstances as:
- He or she is unable to manage her/his property, providing for personal needs
- He or she is unable to understand and appreciate the nature and consequences of not being able to care for personal needs
- He or she is unable to understand and appreciate the nature and consequences of not being able to care for her/his own property
How We Can Help With Your Estate Planning Needs
In the long history of our firm, Hall Ricketts Gurbacki, P.C. lawyers have created literally thousands of wills and powers of attorney for our clients. When you need to develop creative, comprehensive solutions for the benefit of your estate plan, we are poised to help.
Whether we’re drawing up a simple will or walking you and your loved one through the complexities estate planning can present, let us get to work on your plan to provide for the smoothest transition of your estate possible. We also assist in administration, probate and execution of wills and estate plans. Few firms are as equipped and experienced to work with you on matters of your estate.
Don’t hesitate to call the Hall Ricketts Gurbacki, P.C. team today. Our responsive team looks forward to hearing from you.You can also connect with us online anytime.