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What is Article 81 Guardianship in New York?

Not all individuals that require legal guardianship are children or teenagers, as the concept seems to indicate. In many instances, guardianship involves one adult gaining responsibility to a varying degree over another adult that has become incapacitated for one reason or another. In New York, this process is known specifically as Article 81 Guardianship.

What Makes Article 81 Guardianship Unique?

When a person becomes fully incapacitated due to senility, illness, or injury, a court-appointed guardian will essentially be given permission to control all aspects of their lives. Article 81 Guardianship is a bit different in that each ruling or decision is based entirely on a case-by-case basis. The responsibilities that someone can gain through Article 81 may be quite limited or extensive based on the needs of the ward.

Common responsibilities issued through guardianship include:

  • Paying bills or debts
  • Making important medical decisions
  • Ensuring personal care is maintained
  • Overseeing legal obligations

If the ward still has mental capability, they can even participate in discussions about what sort of responsibilities their warden will gain. This is a reflection of the court's desire to strike a balance between necessary guardianship and welcomed but not obligatory care.

Article 81 Guardianship can also determine if the appointed guardian will live with the incapacitated person. If this is not necessary, they may be given a visitation schedule to checkup on the ward. In other situations, the ward may be placed within an assisted living home. As with other aspects of Article 81, where the ward lives is dependent on varying factors that need to be analyzed case-by-case. Nothing is set completely in stone, and so it is possible for someone to argue for or against a decision within the process.

If you need to know more about Article 81 Guardianship, as one of your loved ones has recently become incapacitated, you can come to The Law Office of Tamara I. Jordan, P.L.L.C. for assistance. Our New York City guardianship lawyer is well-known for being both compassionate and knowledgeable, allowing our clients to find legal solutions without adding stress to their lives. Call 888.887.7454 or contact us online for more information.

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