Using the One-Shot Provision of Article-81: Preserving Rights & Resources

Guardianship is a drastic remedy that removes a person’s legal rights and is both time-consuming and costly, yet it is the default solution when an important or critical decision must be made, and a person’s legal capacity is in question. There is, however, an underutilized and often unknown provision of MHL Art. 81 that permits a court to “approve a transaction or transactions” or appoint a special guardian to do time-limited tasks, “preserving rights” of the allegedly incapacitated person, and “conserving resources” both for the person and their family, and for the courts as well. MHL 81.16(b) can be useful in a variety of situations–from health-related issues including informed consent in non FHCDA settings, Medicaid qualification, etc. to financial issues including creating SNTs, ABLE accounts, and mortgage foreclosure, to immigration and naturalization. This program will enable you to understand the myriad of situations in which the “one-shot” provision can be effectively employed, and give you tools to navigate the procedural and ethical issues that it may raise.  

Speakers

Honorable Kristin Booth Glen, CUNY School of Law

Moderator: Alison Morris, Cuddy Law Firm