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Article 81 guardians are often faced with the delicate and controversial task of making decisions about the social life and social environment of the person for whom they serve as guardian.

Pursuant to New York’s Mental Hygiene Law Article 81.22(a)(2), the court can give the guardian the authority to “make decisions regarding social environment and other social aspects of the life of the incapacitated person”. 

But what exactly does this mean?Continue Reading The Power to Make Decisions About an Incapacitated Person’s Social Life and Visitors

Article 81 guardians are often given broad powers over an Incapacitated Person’s life. One of the more challenging decisions many guardians face is deciding where their ward should live. 

Is the current living situation suitable? Should the Incapacitated Person live at home? A nursing home? 

Making the decision itself is just one piece of the puzzle. An article 81 guardian in New York must first consult the Order and Judgment appointing them guardian to ensure they have the power to decide where their ward lives, or in legal parlance, “choose the place of abode”. Guardians often need to go back to court to get a judge’s approval to move their ward to a new living environment.  This procedure is called making an interim motion.Continue Reading ‘Choosing the Place of Abode’: The Power to Determine Where an Incapacitated Person Lives

If you’ve been appointed a guardian or conservator in a state other than New York, but are seeking to exercise your powers as guardian in New York State, you’ll need to register various papers in New York first (unless you petition anew). Otherwise, you won’t have the legal authority to exercise your powers as guardian in the Empire State. 

I’m a big fan of checklists. This step-by-step guide makes the process easier.Continue Reading How to Register an Out-of-State Guardianship in New York

Two United States Senators last week called on the heads of two federal agencies to provide data and information on adult guardianship and conservatorships, as the media directs national attention to the controversial conservatorship of pop superstar Britney Spears.

In an open letter to Xavier Becerra, Secretary of the U.S. Department of Health and Human Services, and Merrick Garland, Attorney General of the U.S. Department of Justice, Senators Elizabeth Warren (D-MA) and Robert P. Casey, Jr. (D-PA) gave the Secretary and A.G. until July 14, 2021 to provide information on data systems in place for officials at the agencies to access information regarding:Continue Reading U.S. Senators Draw Attention to Lack of Guardianship Data as Britney Spears Conservatorship Controversy Gains National Attention

Among the many difficult decisions guardians make for their wards are end-of-life decisions.

Guardians often must make a judgment call about their ward’s life, especially if their incapacitated ward is in a hospital or nursing home. If their ward’s preferences and wishes about end-of-life treatment are unknown, the guardian must act in their ward’s “best interests”.

In New York, assisted suicide is not an option. Period. Not for anyone. Not for guardians. But that doesn’t mean New Yorkers can’t refuse medical treatment and die on their own terms. It also doesn’t mean that guardians can’t refuse medical treatment on behalf of their wards. To refuse life-sustaining treatment, however, guardians will need to have the legal power to do so in the Order & Judgment appointing them guardian.

So when a guardian must start making end-of-life decisions for their ward, what do they do? What’s the first step? How do guardians make sure the decisions they make are ethical, legal, and authorized?

What follows is a system for Mental Hygiene Law article 81 guardians in New York to use when making end-of-life decisions for their ward in a hospital or nursing home setting. Remember, every case is different, with unique facts and circumstances. This guide is for informational and educational purposes only. It is not legal advice, and certainly not medical advice.Continue Reading End-of-Life Decision Making for Article 81 Guardians

There is a common misconception among adult guardianship attorneys, even some of the most experienced, that a “PING” designation in an Article 81 guardianship proceeding, by its very nature, equates to less power for the guardian than an Incapacitated Person (IP) designation.

An PING (an abbreviation for a Person in Need of a Guardian) is an Alleged Incapacitated Person (AIP) who consents to the appointment of a guardian.

The consent of the AIP takes the place of the finding of incapacity. It does not disturb the court’s authority to choose the powers of the guardian, at least according to one case.Continue Reading PING Designation Does Not Mean Less Power for the Guardian