Advocating for the Vulnerable: The Role of Attorneys for Incapacitated Persons under Article 81

Article 81 (Adult Guardianship) Proceedings in New York focus on determining whether the Alleged Incapacitated Person (AIP) is in need of a guardian. As a remedy of last resort, adult guardianship offers a protective measure for many vulnerable adults.

This course emphasizes the critical importance of advocacy and counsel for the AIP, the most vulnerable party in these proceedings. Participants will gain insights into the role of counsel for the AIP, the necessity of advocacy even when the client is not receptive, and the essential responsibilities and strategies of this role during the hearing.

Learning Objectives:

1. Explore the unique aspects of being an attorney for the Alleged Incapacitated Person

2. Review why attorneys for AIPs are assigned in Article 81 Proceedings

3. Explore the scope of powers conferred upon attorneys for AIPs by the Court

4. Identify the obligations and ethical responsibilities of the attorney for the Alleged Incapacitated Person

5. Examine the role and strategies of the attorney for the Alleged Incapacitated Person during the hearing