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so an article 81 guardianship is
specifically used when we’re dealing
with someone who has been deemed
medically incapacitated
and this person is no longer able to
most importantly sign legal documents
like a power of attorney which would
allow him to appoint someone who can
make financial decisions
or a healthcare proxy which would allow
him to make
appoint the person who can make medical
decisions for him so they’re beyond that
point where they can sign
directives
let alone a check so therefore we need a
court order
appointing either a family member or
someone that the court chooses as an
independent third party
from what’s called a part 36 list or a
not-for-profit organization as their
guardian of personal needs and property
management to make sure they’re able to
cover everything from where they live
what type of medication they take what
facility or home are they living in and
of course manage their finances pay
their bills
etc
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NY estates planning & probate attorney Russel Morgan, Esq. discusses Article 81 Guardianship and when might it be used.