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

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

As humans, our right to self-determination is vital and something we can take for granted. Unfortunately, the ability to make decisions about our personal and financial life can be cut short by incapacity. Incapacity has many definitions. But, in the briefest possible terms, in an Article 81 proceeding, they are functional limitations that prevent an individual from making important life decisions or wherein they fail to appreciate these functional limitations and how it endangers them, physically, emotionally, and/or financially.

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 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 themselves to an Article 81 proceedings

2. Discuss the steps to be taken to draft an Article 81 petition,  as well as the important elements to said petition. In addition, there will be a discussion about the different parties to the proceeding, particularly that of the Alleged Incapacitated Person (AIP)

3. Explore the Article 81 hearing from soup to nuts, as well as the types of findings made by jurists. Once the hearing has concluded there are additional responsibilities for the Guardian which will be explained