On Demand

An Article 81 Guardianship Primer: Elder Law Basics in New York


Created on December 18, 2017




This one hour webcast is meant as a foundation course for the non-elder law attorney, attorneys new to the elder law practice area interested in learning more about this important legal proceeding, or any attorney who needs a refresher.

This presentation, led by Veronica Escobar, will provide the viewer with an Article 81 Proceeding roadmap that will define incapacity, instruct on the how to's of a Guardianship petition, the evidentiary standard at hearing, as well as the hearing itself. The presenter will also touch upon post-guardianship hearing issues.

Learning Objectives:

  1. Identify the signs of possible incapacity, as well as the different types of incapacity that can lend itself to an Article 81 proceeding
  2. Discuss the steps to be taken to draft an Article 81 petition, as well as the important elements to said petition
  3. Consider the role of different parties in the proceeding, particularly that of the Alleged Incapacitated Person (AIP)
  4. Explore the Article 81 hearing from soup to nuts, as well as the types of findings made by jurists
  5. Comprehend the additional Guardian responsibilities that become effective post-hearing

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