Guardianship

In the State of New York, Article 81 of the Mental Hygiene Law addresses issues of personal and property management needs for those individuals who suffer from mental and physical incapacities. A guardian may be appointed by law to mind either the personal affairs or property affairs, or both, of an individual as determined through a guardianship proceeding. As mandated by state statute, courts seek to impose over an individual guardianship powers that are the least restrictive.

The potential or actual need for a guardianship raises many sensitive issues involving family, caregivers, and the legal system.