This form is an official State of New York Family Court sample form, a detailed Order Regarding Incapacitated Person - after Probable Cause Hearing. Available for download in Wordperfect, and Adobe pdf formats.
In Syracuse, New York, an Order Regarding Incapacitated Person — After Probable Cause Hearing is a legal document issued by the court that addresses the care and protection of individuals who are deemed incapacitated. This order is crucial as it ensures the person's well-being and allows for the appointment of a guardian to make decisions on their behalf. Upon holding a Probable Cause Hearing, which determines whether the person is indeed incapacitated, the court can issue various types of Orders Regarding Incapacitated Persons. These orders are developed to cater to the specific needs and circumstances of the incapacitated individuals. Different types of orders may include: 1. Order for Temporary Guardianship: In cases where immediate intervention is required, this order authorizes the appointment of a temporary guardian to handle the incapacitated person's affairs temporarily. It ensures the individual's safety and allows for the protection of their assets and personal interests. 2. Order Appointing Plenary Guardian: If a person is found to be incapacitated on a long-term basis, the court may issue an order appointing a plenary guardian. This guardian assumes full responsibility for making decisions regarding the incapacitated person's medical treatment, residential arrangements, financial matters, and more. 3. Order for Mental Hygiene Evaluation: In certain situations, the court may find it necessary to order a mental hygiene evaluation to assess the individual's mental health, capacity, and specific needs. This evaluation helps determine the appropriate type of order for the person's well-being. 4. Order for Limited Guardianship: Sometimes, an individual may be partially incapacitated, requiring assistance only in specific areas of their life. In such cases, the court may issue an order for limited guardianship, wherein a guardian is appointed to oversee and make decisions regarding the incapacitated person's specific limitations. It's important to note that these orders are subject to regular review by the court to ensure their ongoing relevance and appropriateness. The court remains committed to protecting the rights and interests of incapacitated individuals while striving to provide them with the necessary care and support. If you find yourself involved in an Order Regarding Incapacitated Person — After Probable Cause Hearing in Syracuse, New York, it is advisable to consult with an experienced attorney who can guide you through the legal process and advocate for the best interests of the incapacitated person.
