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All About Living Trust in 2025
Estate Planning

All about Living Trust in 2025

Living Trusts in 2025: What You Need to Know As we move towards 2025, the importance of strategic estate planning continues to grow, especially for

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Living Trust Brooklyn
Estate Planning

Living trust Brooklyn

Securing Your Future: Living Trusts in Brooklyn, New York For many, the desire to secure their legacy and provide for their loved ones drives their

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Experienced New York Probate Lawyers
Estate Planning

New York Probate Lawyers

Experienced New York Probate Lawyers in 2025 Dealing with the legal complexities of probate can be overwhelming, especially during times of grief. At Morgan Legal

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Probate Law Firm Near You in 2025
Estate Planning

Find Probate law firm near you

Finding the Right Probate Law Firm Near You in 2025 Understanding Probate in New York Probate is the legal process of administering a deceased person’s

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Understanding Digital Assets in Estate Planning
Estate Planning Law

Understanding Digital Assets in Estate Planning

Understanding Digital Assets in Estate Planning What Are Digital Assets? Digital assets encompass a wide range of intangible properties stored electronically. These can include cryptocurrencies,

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How to Probate an Estate Quickly in NY 2025
Estate Planning

How to Probate an Estate quickly

How to Probate an Estate Quickly in New York 2025 Introduction: Simplifying Probate in New York Probate in New York can be time-consuming, often compounded

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Estate Planning

Lawyers for Elderly Abuse 

Lawyers for Elderly Abuse in New York Understanding Elderly Abuse in New York Elderly abuse is a pervasive and often underreported issue affecting seniors across

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Article 81 Guardianship in New York

Article 81 guardianship in New York plays a crucial role in safeguarding the interests of incapacitated individuals. As we navigate the complexities of the legal landscape in 2024, understanding the purpose, process, and requirements of Article 81 guardianship is essential.

Purpose of Article 81 Guardianship

Article 81 of the New York Mental Hygiene Law empowers the courts to appoint guardians to make decisions on behalf of individuals who are deemed to be incapacitated. The primary purpose of Article 81 guardianship is to protect the rights and interests of individuals who are unable to manage their personal and financial affairs due to incapacity.

Guardianship may be necessary in cases involving:

  • Older adults with dementia or cognitive impairments
  • Individuals with developmental disabilities
  • People who have suffered traumatic brain injuries
  • Individuals with mental illness

The Process of Obtaining Guardianship

The process of obtaining Article 81 guardianship involves several steps and can be complex. It typically begins with a concerned individual filing a petition with the court, requesting the appointment of a guardian for the incapacitated person. The court then conducts an evaluation to determine the individual’s capacity and need for guardianship.

If the court determines that guardianship is warranted, it will appoint a guardian and grant them specific powers and responsibilities tailored to the needs of the incapacitated person. These powers may include making medical decisions, managing finances, and ensuring the individual’s overall well-being.

Requirements for Guardianship

In order to be appointed as a guardian under Article 81, an individual must meet certain criteria and qualifications set forth by the court. These requirements may include:

  • Being at least 18 years of age
  • Having no conflicts of interest with the incapacitated person
  • Demonstrating the ability to fulfill the duties of a guardian
  • Completing required training and certification programs

At Morgan Legal Group, we understand the complexities and sensitivities involved in Article 81 guardianship proceedings. Our experienced attorneys are dedicated to advocating for the best interests of incapacitated individuals and their families.

Whether you are seeking to establish guardianship for a loved one or contest a guardianship petition, our team is here to provide compassionate guidance and skilled representation every step of the way. We can assist you in navigating the legal process, gather necessary documentation, and effectively present your case in court.

Don’t face the challenges of guardianship alone. Contact Morgan Legal Group today to schedule a consultation and learn how we can assist you in securing the protection and care your loved one deserves.

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