On Demand

Preparing Discharge Applications in NY Mental Hygiene Law Article 81 Proceedings


Created on August 27, 2020





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 

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