Article 81 Guardianship

What is an Article 81 Guardianship and How to Avoid It.

Article 81 of New York’s Mental Hygiene Law authorizes a Court to appoint a guardian to manage the personal needs and/or property management of a person who cannot otherwise manage for himself or herself due to incapacity.
In an Article 81 guardianship proceeding, there are two distinctive powers that may be given to a Guardian:

  • Personal needs powers as it relates to medical decisions, choice of abode, who will provide day to day care and other personal decisions
  • Property management powers allow a Guardian to handle all financial matters.

How to Avoid an Article 81 Guardianship

An Article 81 proceeding, as with other litigation, can get very expensive. An Uncontested proceeding could cost anywhere between $5,000.00 to $15,000.00 while a Contested proceeding may cost ten or even hundreds of thousands to litigate.

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