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What options are available to an individual who becomes incapacitated and has not made any decisions regarding her accounts, power of attorney, health care proxy, or revocable trusts? In this lecture, Elder Law attorney Daniel Fish guides viewers through the process of how New York courts appoint guardianships for incapacitated individuals who are no longer able to competently handle certain aspects of their lives, as occurred in the infamous case of wealthy philanthropist Brooke Astor. He begins his discussion with the statutory basis of guardianships, Mental Hygiene Law, Article 81, and thoroughly examines the various matters to consider when drafting the guardian petition on behalf of a petitioner (who is usually a family member). The course also covers the basic process for filing guardianship petitions with the court, the hearing process, and the possible outcomes from the hearing.  Mr. Fish concludes his presentation with a thorough analysis of important issues that arise out of guardianship legal fees and the solutions that can be implemented to resolve them.  Daniel Fish provides New York attorneys with all the necessary information to successfully initiate guardianship proceedings on behalf of family member petitioners, cross-petitioners, and alleged incapacitated persons themselves.

Agenda:
I.      The Statutory Basis and Origins of NY Guardianship Law
II.     Drafting and Filing the Guardianship Petition
III.    The Guardianship Hearing
IV.   Guardianship Legal Fees