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Adult guardianship proceedings reveal to complete strangers some of the most intimate and personal details of a person’s life. “Guardianship proceedings are unique and different from most other forms of litigation since the respondent, the individual haled into court against their will because she or he is alleged to be ‘incapacitated’, is not accused of wrongdoing or fault,” wrote Justice Gary F. Knobel in Matter of Amelia G. 

The rules governing public access to Mental Hygiene Law article 81 cases in New York are often inconsistent, fact-specific, and vary between counties. This not only applies to the sealing of court records, but to public access in general. This may be for the best, given the competing interests of an alleged incapacitated person’s (AIP) right to privacy and the public right to access court records. But it leaves the adult guardianship practitioner with limited guidance.…

Continue Reading Public Access to Adult Guardianship Cases: A World of Inconsistency

Court evaluators are not parties to a Mental Hygiene Law article 81 guardianship proceeding, and it matters.

Court evaluators, known as the “eyes and ears” of the court,  are essential actors in a guardianship proceeding, but they are not a party to the proceeding. Parties to the proceeding include the petitioner and the alleged incapacitated person (AIP).

This matters not only in a theoretical sense, but in a practical sense.…

Continue Reading Court Evaluators Are Not Parties And It Matters