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Preparing Discharge Applications in NY Mental Hygiene Law Article 81 Proceedings

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

After completing this course, Lawline will report your attendance information to {{ accredMasterState.state.name }}. Please ensure your license number is filled out in your profile to ensure timely reporting. For more information, see our {{ accredMasterState.state.name }} CLE Requirements page . After completing this course, {{ accredMasterState.state.name }} attorneys self-report their attendance and CLE compliance. For more information on how to report your CLE courses, see our {{ accredMasterState.state.name }} CLE Requirements FAQ .


Daniel Reiter

Law Firm of Daniel J. Reiter, Esq.

Daniel J. Reiter is an attorney in New York City. Mr. Reiter focuses in the areas of estate and trust litigation and adult guardianship. He also routinely practices in the areas of real estate and estate administration, estate planning, elder law, special needs law, and civil litigation and dispute resolution. He is admitted to practice law in New York and New Jersey.

Prior to establishing his own practice, Mr. Reiter worked as an associate for a distinguished century-old Staten Island law firm, where he handled a variety of matters in Surrogate’s Court, including will contests, turnover proceedings, contested accounting proceedings, and creditors’ claims against estates. 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.

Prior to his career as an attorney, Mr. Reiter 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.

Mr. Reiter, a South Florida native, currently lives in Manhattan, New York.

Bar Admissions:

State of New York

State of New Jersey

United States District Court for the Eastern District of New York

United States District Court for the Southern District of New York

United States District Court for the District of New Jersey

United States Court of International Trade


Krystin K.

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