What You Need to Know About Article 81 Adult Guardianship

If you have a family member or friend who is suffering from dementia, you may be exploring options for adult guardianship. One of the most common types of adult guardianship is an Article 81 guardianship. Here’s what you need to know about Article 81 adult guardianship and how it can help protect your loved one.

What is an Article 81 Guardian?

An Article 81 Guardian, or an “Article 81 guardian of the person and property” as it is formally known, is a legal guardian appointed by a court to provide health and medical decision-making on behalf of an individual who suffers from mental illness or dementia, as well as helping manage financial matters. The purpose of an Article 81 Guardian is to protect the person from being exploited or taken advantage of in situations that involve sensitive decisions such as handling finances, making medical decisions, and signing contracts.

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Who Can Be An Article 81 Guardian?

In most cases, family members are appointed as the guardian; however, there are certain specific criteria which must be met in order for someone to be eligible for this type of guardianship. In some cases, professional guardians may also be appointed if no suitable family member meets the requirements. Generally speaking, an applicant must demonstrate that they have sufficient knowledge and understanding of their loved one’s condition in order to properly manage their affairs and make informed decisions on their behalf. Additionally, guardians must demonstrate that they have the ability to act in good faith with respect to their charge’s interests.

How Is An Article 81 Guardianship Established?

In order for an Article 81 Guardianship to be legally established, a court hearing must take place to determine whether or not the individual requires a guardian due to their mental illness or incapacity due to dementia; if so, a guardian will be appointed by the court. During the hearing, evidence from qualified professionals such as psychologists and psychiatrists may be presented in order to establish whether or not the individual requires a guardian. It is important that all necessary steps are taken during these hearings in order for any decisions made by the court to be valid and binding under New York State Law.

Article 81 adult guardianships offer invaluable protection for individuals who suffer from dementia or other mental illnesses which impair their ability to make decisions on their own behalf. While establishing an Article 81 guardianship can often seem like a daunting process due to its many legal requirements and paperwork involved, taking those steps can provide invaluable peace of mind knowing that your loved one has someone looking out for them who knows them well enough—and cares enough—to make responsible decisions on their behalf when needed.            

If you’d like to talk about the legal process with an attorney who has been involved in hundreds of guardianship proceedings, call or email Stephen Donaldson, Esq., at The Donaldson Law Firm, PLLC.