Representation in Article 81 guardianship proceedings under New York Mental Hygiene Law before the Nassau County Supreme Court at Mineola. Petitioner representation, alleged incapacitated person (AIP) defense, court evaluator appointments, and guardian ad litem service.
Michel Law represents Nassau County petitioners, alleged incapacitated persons (AIPs), family members, and interested parties in Article 81 guardianship proceedings before the Nassau County Supreme Court at 100 Supreme Court Drive, Mineola.
Fabrice K. Michel holds Part 36 fiduciary appointments and regularly serves as court evaluator and guardian ad litem on Nassau Article 81 matters, in addition to representing private parties. Direct experience on both the appointed and private sides of the practice informs the firm’s approach.
Every matter is handled directly by the managing attorney. The firm’s Great Neck office is twenty minutes from the Mineola courthouse.
Representation of family members, close friends, and professionals petitioning for appointment of an Article 81 guardian for a loved one no longer able to manage personal or financial affairs.
Representation of the alleged incapacitated person contesting the petition — whether on grounds of capacity, the proposed guardian’s suitability, or the scope of powers sought.
Representation in contested matters involving competing petitioners, challenges to proposed guardians, or disputes over the scope of guardianship powers.
Court evaluator appointments under MHL § 81.09, including investigation, interviews, and report to the court on capacity, available resources, and the propriety of the proposed guardianship.
Appointment as guardian ad litem to protect the interests of an alleged incapacitated person throughout proceedings.
Modification of existing guardianships to expand or narrow powers, substitution of guardians, and termination proceedings where the incapacitated person’s circumstances have changed.
Jurisdiction: All Article 81 guardianship proceedings for incapacitated persons residing in Nassau County, under New York Mental Hygiene Law. Hearings on initial appointment, annual accountings, modification, substitution, and termination.
Article 81 of the New York Mental Hygiene Law provides a court-supervised process for appointing a guardian to manage the personal needs, property, or both of an adult who is unable to adequately handle those matters on their own. The statute is designed to tailor the guardian’s powers to the specific functional limitations of the incapacitated person, preserving autonomy where possible.
When an adult family member can no longer handle their financial affairs or personal needs safely, and no durable power of attorney or health care proxy adequately addresses the gap, an Article 81 petition in Nassau Supreme Court may be appropriate. Common triggers include early or mid-stage dementia, acquired brain injury, severe mental illness, or exploitation by third parties.
Under MHL § 81.09, the court appoints a court evaluator in every Article 81 proceeding. The evaluator investigates the AIP’s functional capacity, meets with the AIP, interviews family and relevant third parties, and reports to the court on whether a guardian is warranted and if so, in what scope. Fabrice K. Michel holds Part 36 fiduciary appointments and regularly serves as court evaluator on Nassau Article 81 matters.
Uncontested Article 81 proceedings in Nassau typically run three to six months from filing to final order and commission. Contested matters — where the AIP objects, competing petitioners seek appointment, or the scope of powers is disputed — commonly run nine to eighteen months.
All inquiries are held in strict confidence.