Article 81 Guardianship

Article 81 guardianship for incapacitated adults in New York. Guardianship under Mental Hygiene Law Article 81 is a serious legal intervention, imposed only when the court finds by clear and convincing evidence that the person is likely to suffer harm because of functional limitations and inability to appreciate those limitations, and that no less restrictive alternative — power of attorney, health care proxy, supported decision-making — is adequate. Michel Law represents petitioners seeking guardianship, alleged incapacitated persons defending against it, family members in contested proceedings, and holds Part 36 appointments as court evaluator and guardian ad litem across Nassau, Suffolk, Queens, Kings, Bronx, and Westchester Supreme Courts. The firm handles emergency applications under MHL 81.23 where immediate relief is needed to prevent financial exploitation or physical harm, contested hearings where competing family members or neighbors challenge each other for appointment, and the ongoing annual reporting and accounting obligations that follow a plenary order. Guardianship intersects with estate planning (where the AIP had executed instruments that competing parties now attack), with real property matters (where the AIP's home or interests must be preserved or sold), and with elder financial abuse where the predicate conduct that necessitated guardianship is itself actionable. These insights cover the legal framework of Article 81, the critical difference between guardianship and a durable power of attorney, the role and limits of the court evaluator, how courts weigh capacity evidence and the AIP's own counsel preferences, and the procedural realities of guardianship proceedings in New York Supreme Court.