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Practice Area

Guardianship
Proceedings

Article 81 guardianship proceedings in New York are complex, contested, and deeply personal. They require counsel who understands both the legal framework and the human stakes involved.

What We Handle

Protecting Those Who
Cannot Protect Themselves

In New York, guardianship of an incapacitated adult is governed by Article 81 of the Mental Hygiene Law — a framework that balances the need to protect vulnerable individuals with the fundamental right to autonomy and self-determination. Proceedings under Article 81 are commenced in Supreme Court and are supervised by a court evaluator appointed to represent the alleged incapacitated person.

Michel Law represents petitioners seeking appointment as guardian, alleged incapacitated persons who contest guardianship petitions, and interested parties — including family members and financial institutions — in guardianship proceedings across New York.

Guardianship matters require prompt, precise action. The stakes — for the individual whose liberty and autonomy are at issue, and for the family members seeking to protect them — could not be higher.

Article 81 Petitions
Preparation and prosecution of guardianship petitions in Supreme Court, including emergency applications where time is critical.
Opposition to Guardianship
Representation of alleged incapacitated persons who contest the necessity or scope of a proposed guardianship.
Guardian Representation
Ongoing counsel to appointed guardians regarding their fiduciary duties, annual reporting, and court accountings.
Emergency Relief
Applications for temporary guardianship and emergency protective orders where immediate intervention is required.
Contested Proceedings
Full litigation in contested guardianship matters, including examination of witnesses and expert testimony.
Restoration of Capacity
Proceedings to terminate guardianship where the ward’s capacity has been restored.
Our Approach
I
We assess the clinical and legal basis for guardianship at the outset — and advise candidly on the likelihood of success and the least restrictive approach available.
II
We coordinate with the court evaluator, medical professionals, and family members to present a complete and compelling record to the court.
III
Where guardianship is opposed, we prepare for full evidentiary hearing — including expert witnesses and cross-examination of the petitioner’s evidence.

This page is provided for general informational purposes only and does not constitute legal advice. The law applicable to your specific situation may differ. Please consult qualified legal counsel regarding your circumstances. Attorney Advertising.

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