Basics of Guardianship | Practical Skills 2025

This practice guide is designed to help the practitioner navigate this complex area of law. Guardianship examines the major provisions of Article 81 of the N.Y. Mental Hygiene Law (MHL) along with relevant case law. Article 81 of the MHL balances the competing aims of protecting the person in need of assistance with preserving his or her rights. This statute authorizes the appointment of a guardian whose authority is appropriate to satisfy the personal or financial needs of an alleged incapacitated person (AIP), while limiting that authority to only those activities for which a person needs assistance.

This title provides valuable assistance to attorneys practicing in this area with topics that discuss the necessity of appointment; standards for the appointment of a guardian; procedural protections for the AIP; procedures covering the appointment of a guardian; and subsequent supervision, modification and education requirements for guardians.

Recent case law and author commentary has been added throughout the Guardianship practice guide, including coverage of the recently enacted MHL Article 82, recognizing supported decision-making by individuals with intellectual, developmental, cognitive and psychosocial disabilities. Forms have been reviewed and updated as needed. 

This practice guide also includes a set of Downloadable Forms. The 2024-2025 release is current through the 2024 legislative session.

Speakers

Leona Beane, Esq., Mediator, Arbitrator, Trusts, Estates, Guardianship Attorney

Lissett Costa Ferreira, Esq., Meenan & Associates, LLC