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What you need to know about Article 81 Guardianships

Caring for an aging loved one or a disable adult can breed an entire new type of stress into any family dynamic. While you are doing everything in your power to maintain normalcy and consistency in the life of those you care about, the reality of legal proceedings, property management, financial considerations and even Power of Attorney can cause an overwhelming need for legal direction and help. 

Article 81 Guardianships are established by engaging a third party person to oversee the personal and property management for any disabled adult that has not previously established a set of preferred care with advance directives documentation.

Who Is Article 81 Guardianships For?

The Article 81 Guardianships were created as part of Article 81 of the Mental Hygiene Law in New York. This type of guardianship meets the needs of those with aging relatives suffering from incapacitation in regards to financial decisions and even covers children that are disabled that have reached a legal adult status. This guardianship is also in place for family members that may have suffered from a life-altering injury or illness that prevents them from making sound financial decisions and did not have an established care plan prior to the incident.

What is the process?

It is incredibly important that you begin the process of an Article 81 Guardianship with an experienced attorney. The proceedings for establishing the guardianship are delivered in Supreme Court in the county of residence. Included in the pleadings for the formation are the specifics of the disability, the accumulation of financials including assets, liabilities, income and debt, as well as documentation for health coverage and requested representation or guardianship. Contact Us at Hall, Ricketts, Schuller & Gurbacki, P.C. today.

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Hall, Ricketts, Schuller & Gurbacki, P.C.
471 Main Street
East Aurora, NY 14052

Phone: 716-243-3515
Fax: 716-652-2058
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