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What is Article 81 Guardianship and when might it be used?

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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

NY estates planning & probate attorney Russel Morgan, Esq. discusses Article 81 Guardianship and when might it be used.

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