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Probate attorney near me in New York 2025
Estate Planning

Probate attorney near me

Navigating Probate in New York: Finding the Right Attorney Near You (2025) Probate, the legal process of administering a deceased person’s estate, can be complex

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Wills vs. Trusts in NYC: Choosing the Right Estate Plan for You
Estate Planning

Wills and Trusts NYC

Wills vs. Trusts in NYC: Choosing the Right Estate Plan for You Regarding estate planning in New York City, a fundamental decision arises: Will a

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Protecting yourself and your partner
Estate Planning

Protecting yourself and your partner

Protecting Yourself and Your Partner: A Comprehensive Guide to Estate Planning in New York At Morgan Legal Group, we understand the complexities involved in safeguarding

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The importance of a living will
Estate Planning

The importance of a Living Will

Why a Living Will Matters in NYC: Your 2025 Guide As we move further into 2025, advanced healthcare planning has become more critical than ever,

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Medicaid Trust NYC
Estate Planning

Medicaid Trust NYC

Medicaid Trusts in NYC: Safeguarding Your Assets from Long-Term Care Costs For residents of New York City, planning for long-term care is a critical component

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Probate Lawyer Cost
Probate

Probate Lawyer Cost

Understanding Probate Lawyer Costs in NYC: A Clear Guide When facing the daunting task of estate administration in New York City, one of the first

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Estate Planning in NYC
Estate Planning

Estate Planning in NYC

Estate Planning in NYC: A Comprehensive Guide For New York City residents, estate planning is not merely a suggestion but a necessity. Indeed, living in

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Living Trusts in NYC: Your Expert Guide
Estate Planning

Living Trusts in NYC

Living Trusts in NYC: Your Expert Guide For New York City residents, planning for the future and securing your legacy is critical. Estate planning, therefore,

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Digital Estate Planning in New York
Asset Protection

Digital Estate Planning NY

Securing Your Digital Legacy: Digital Estate Planning in New York In today’s increasingly digital world, our lives extend far beyond the physical realm. We conduct

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Medicaid Planning and Asset Protection
Asset Protection

Medicaid Planning and Asset Protection

Safeguarding Your Assets: A Comprehensive Guide to Medicaid Asset Protection Trusts in New York for 2025 Preparing for long-term care can be an overwhelming process

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Estate Planning Guide 2025
Estate Planning

Estate Planning Guide 2025

Estate Planning Guide 2025: A Comprehensive Resource for New York Residents As we approach 2025, the need for a solid and comprehensive estate plan becomes

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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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