A guardian is a person who is lawfully invested with the power, and charged with the duty of taking care of the person and/or managing his or her property because that person cannot do so at all or cannot do so with reasonably adequate ability (known in law as competence). The basic categories of guardianship are either of the person, of the property or both the person and the property. There are three categories of guardianship in New York which essentially differ in terms of the degree of incapacity or inability to function: (1) Guardian of children and of persons with mental retardation; (2) Conservator of a person who is substantially impaired; and, (3) Committee of a person who is incompetent.
Bronx New York Proceeding for the Appointment of a Permanent Guardian of the Person and Estate of an Adult due to Mental Illness is a legal process aimed at protecting individuals who are unable to make important decisions for themselves due to mental illness. This proceeding facilitates the appointment of a qualified guardian who can make decisions regarding their personal and financial affairs. In the Bronx, New York, there are several types of proceedings available for the appointment of a permanent guardian for an adult with mental illness: 1. Article 81 Guardianship: This proceeding is initiated when it is determined by the court that an individual is mentally incapable of managing their personal and/or financial affairs. Article 81 allows the court to appoint a guardian who will act in the best interests of the person with mental illness. 2. Mental Hygiene Law Article 9 Guardianship: This type of guardianship proceeding is specifically designed for individuals with mental illness who require assistance with decision-making. It allows for the appointment of a guardian who can provide the necessary support and make decisions on behalf of the person with mental illness. 3. Mental Hygiene Law Article 17 Guardianship: This proceeding is generally reserved for individuals who are mentally disabled and in need of long-term care. It allows for the appointment of a guardian who can make decisions regarding the person's personal and financial matters, as well as their medical treatment and welfare. The process for the appointment of a permanent guardian of the person and estate of an adult due to mental illness usually involves the following steps: 1. Petition Filing: The interested party, such as a family member, healthcare provider, or social worker, files a petition with the Bronx Surrogate's Court to initiate the guardianship proceeding. 2. Evaluation and Investigation: The court may appoint an evaluator or investigator to assess the alleged incapacitated person's mental capacity and determine their need for a guardian. This evaluation may involve interviews, medical examinations, and gathering relevant evidence. 3. Notice and Hearing: The court will schedule a hearing to review the petition and any objections raised by the alleged incapacitated person or other interested parties. Notice of the hearing must be given to all relevant individuals. 4. Capacity Assessment: At the hearing, the court may conduct a capacity assessment to determine if the alleged incapacitated person is capable of making decisions independently or with limited assistance. Medical professionals or expert witnesses may testify during this process. 5. Guardian Appointment: If the court determines that the individual is mentally incapable and in need of a guardian, it will appoint a qualified individual, usually from a pool of court-approved guardians, to act as the permanent guardian. The guardian will have the legal authority to make personal and financial decisions on behalf of the incapacitated person. It is important to consult with an experienced attorney familiar with Bronx County's specific regulations and procedures for these proceedings. They can guide you through the process and ensure the best possible outcome for the person in need of a permanent guardian.Bronx New York Proceeding for the Appointment of a Permanent Guardian of the Person and Estate of an Adult due to Mental Illness is a legal process aimed at protecting individuals who are unable to make important decisions for themselves due to mental illness. This proceeding facilitates the appointment of a qualified guardian who can make decisions regarding their personal and financial affairs. In the Bronx, New York, there are several types of proceedings available for the appointment of a permanent guardian for an adult with mental illness: 1. Article 81 Guardianship: This proceeding is initiated when it is determined by the court that an individual is mentally incapable of managing their personal and/or financial affairs. Article 81 allows the court to appoint a guardian who will act in the best interests of the person with mental illness. 2. Mental Hygiene Law Article 9 Guardianship: This type of guardianship proceeding is specifically designed for individuals with mental illness who require assistance with decision-making. It allows for the appointment of a guardian who can provide the necessary support and make decisions on behalf of the person with mental illness. 3. Mental Hygiene Law Article 17 Guardianship: This proceeding is generally reserved for individuals who are mentally disabled and in need of long-term care. It allows for the appointment of a guardian who can make decisions regarding the person's personal and financial matters, as well as their medical treatment and welfare. The process for the appointment of a permanent guardian of the person and estate of an adult due to mental illness usually involves the following steps: 1. Petition Filing: The interested party, such as a family member, healthcare provider, or social worker, files a petition with the Bronx Surrogate's Court to initiate the guardianship proceeding. 2. Evaluation and Investigation: The court may appoint an evaluator or investigator to assess the alleged incapacitated person's mental capacity and determine their need for a guardian. This evaluation may involve interviews, medical examinations, and gathering relevant evidence. 3. Notice and Hearing: The court will schedule a hearing to review the petition and any objections raised by the alleged incapacitated person or other interested parties. Notice of the hearing must be given to all relevant individuals. 4. Capacity Assessment: At the hearing, the court may conduct a capacity assessment to determine if the alleged incapacitated person is capable of making decisions independently or with limited assistance. Medical professionals or expert witnesses may testify during this process. 5. Guardian Appointment: If the court determines that the individual is mentally incapable and in need of a guardian, it will appoint a qualified individual, usually from a pool of court-approved guardians, to act as the permanent guardian. The guardian will have the legal authority to make personal and financial decisions on behalf of the incapacitated person. It is important to consult with an experienced attorney familiar with Bronx County's specific regulations and procedures for these proceedings. They can guide you through the process and ensure the best possible outcome for the person in need of a permanent guardian.
