- Rose Mary Bailly, Esq.; Leona Beane, Esq.
Contents at a Glance
Effect on Existing Committees and Conservatorships / Standard for Appointment of Guardian / Procedural Protections for the Alleged Incapacitated Person / Provisional Remedies / Dispositional Alternatives / Appointment of a Guardian / Guardian / Effect of the Appointment on an Incapacitated Person / Death of Incapacitated Person / Education Requirements
Product Number: 41122/41122E (PSS)
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 has been added throughout the Guardianship practice guide, including, among others, sections covering appointment of the guardian and payment of attorney fees. Forms have been reviewed and updated as needed. This practice guide also includes a set of Downloadable Forms. The 2021-2022 release is current through the 2021 legislative session.
If for any reason you are not satisfied with your purchase, NYSBA books can be returned for a refund of the purchase price and original shipping cost if the return is the result of an error on NYSBA’s part. To receive a refund, the item must be returned to NYSBA within 30 days of the purchase date in the same condition in which it was received. When returning materials, please include a copy of the invoice or packing slip and mark it “RETURN.” All eBooks, CDs, downloadable products, and software purchases are nonrefundable and nonreturnable.
- November 30, 2021
- 278 pages