For many of us, we are experiencing the frustration and helplessness of trying to take care of an elderly parent who is incapacitated due to physical or mental issues such as Dementia or Alzheimer’s. As their children or grandchildren, we want to properly care for them, but sometimes we have to make important medical or financial decisions on their behalf.
An Incapacitated Person (AIP) is someone who needs some help to care for themselves or manage their property or financial affairs. This kind of guardianship case is brought in Supreme Court or County Court under Article 81 of the New York Mental Hygiene Law.
An Article 81 Guardianship is very individualized and specific to what decisions are made by the guardian and what decisions are made by the person with the disability. The Judge will appoint a court evaluator. As the eyes and ears of the Court, the court evaluator will meet with the possible incapacitated individual, investigate and report whether or not a guardian should be appointed and, if so, what powers the guardian should have. The Court will always hold a hearing. Generally, it is best if a lawyer handles this kind of guardianship case.
Fortunately, at Jason Shear Law, we can petition the court on your behalf so that you can become your loved one’s legal guardian. Through an Article 81 proceeding, we can help you apply to obtain guardianship so that you can take care of your loved one’s medical and financial needs. We have helped clients all throughout the Buffalo and Western New York area with all matters pertaining to Adult Guardianship.