Petitioner 101 – Pleadings: Guidance and Pitfalls

Program Description: The commencement of an Article 81 proceeding requires petitioner’s counsel to ask key questions about the AIP's abilities and circumstances, and analyze whether or not there are alternate resources that might obviate the need for a guardianship. A Petition and accompanying Order to Show Cause must be drafted to satisfy the strict pleading requirements of MHL §81.08, highlighting the AIP's difficulties with personal care and property management. We will explore and discuss practical tips and considerations in the preparation of these pleadings, to lay the foundation for the presentation of an Article 81 case in Court.

1.0 MCLE Credit in Areas of Professional Practice

Speakers:

Robert K.P. Cannon, Esq. Burner Prudenti Law P.C. Firm East Setauket, NY

Kim F. Trigoboff, Esq. Law Offices of Kim F. Trigoboff New York, NY

Program Planning Chairs:

Moriah Adamo, Abrams Fensterman LLP, Lake Success, NY

Linda A. Redlisky, Rafferty & Redlisky LLP, Pelham, NY 10803

Elder Law and Special Needs Section Chair: 

Richard A. Marchese, Woods Oviatt Gilman LLP, Rochester, NY