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Preparing Discharge Applications in NY Mental Hygiene Law Article 81 Proceedings

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Produced on August 27, 2020

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Course Information

Time 53m
Difficulty Intermediate
Topics covered in this course: Wills, Trusts, & Estates

Course Description

This program will review the process of discharging a guardian in a Mental Hygiene Law Article 81 proceeding - i.e., ending the guardianship or facilitating the appointment of a successor guardian. The course will give a practical overview of how to prepare a discharge application, governing law, how the process differs from county to county, and other court customs. The instructor will discuss the plethora of reasons a guardian (or their ward) may seek discharge of the guardian, including regaining mental capacity, death of the incapacitated person, the transfer of a ward to a nursing home when the guardian is a community guardian program, discharge for wrongdoing, and other purposes.

Presented by Daniel J. Reiter, Esq., this program will benefit article 81 guardians, and attorneys representing article 81 guardians and incapacitated persons seeking discharge of their guardian.

Learning Objectives:

  1. Discuss what it means to “discharge” the guardian
  2. Identify situations where the guardian should or must be discharged
  3. Assess the reasons guardians are discharged
  4. Facilitate the appointment of a successor guardian
  5. Prepare and file the appropriate papers in court to effectuate discharge
  6. Review various steps in the discharge process
  7. Navigate the various idiosyncrasies and differing customs of different courts and judges
  8. Start a discharge application
  9. Confidently move for a discharge 

Credit Information

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Daniel Reiter

Law Firm of Daniel J. Reiter, Esq.

Daniel J. Reiter is an adult guardianship and estate litigation attorney in New York City. He authors the Adult Guardianship Law Blog.

Mr. Reiter routinely serves as guardian to incapacitated persons, counsel to guardians, counsel to alleged incapacitated persons, counsel to incapacitated persons, and counsel to petitioners in proceedings for the appointment of a guardian.

He is also an experienced estate litigator and Surrogate’s Court practitioner where he handles will contests, turnover proceedings, contested accounting proceedings, creditors’ claims against estates, kinship proceedings, wrongful death compromise proceedings, and a variety of other matters in Surrogate’s Court. He is regularly appointed as a Guardian ad Litem.

During law school, Mr. Reiter interned in Richmond County Surrogate’s Court, where he played a leading role in drafting a judicial decision regarding a guardianship dispute.

Mr. Reiter is an active member of the New York City Bar Association’s Mental Health Law Committee, and belongs to the Orion Resource Group, a knowledge-sharing organization for senior and elder care professionals.

He is also certified by Part 36 of the Rules of the Chief Judge to serve as Attorney for the Guardian, Guardian, Attorney for the Alleged Incapacitated Person, Court Evaluator, Guardian ad Litem, and a Supplemental Needs Trustee.

Prior to his career as an attorney, he worked as a political reporter for Politicker.com, providing political coverage from the floors of the 2008 Republican and Democratic National Conventions. Following his departure, he was lauded as an “omnipresent” reporter by the Baltimore Sun.


Krystin K.

Thank you!

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