New York Mental Hygiene Law Article 81 Proceedings: A Proposal to Better Protect the Best Interests of an Alleged Incapacitated Person

Authors

Casey Marsh

Abstract

Guardianship proceedings under New York Mental Hygiene Law Article 81 are intended to protect the personal needs and property management of an alleged incapacitated person. A guardian appointed for a person is responsible for making decisions in line with the best interests and wishes of his or her ward. While guardians serve a very important purpose, the current procedures of guardianship proceedings allow too much room for family members to bring a proceeding without the alleged incapacitated person’s best interests in mind. Often, people bring guardianship proceedings to fish for information on family members or to circumvent a future Surrogate’s Court proceeding. These reasons are not in accordance with the purpose of guardianship proceedings. New York Mental Hygiene Law Article 81, as it stands, allows too much room for people to bring guardianship proceedings for reasons outside the intent and purpose of the proceeding. Recognizing the sensitive nature of these proceedings, the legislature should amend the statute to protect alleged incapacitated persons from proceedings brought without their best interests in mind.

Recommended Citation

Marsh, Casey (2023) "New York Mental Hygiene Law Article 81 Proceedings: A Proposal to Better Protect the Best Interests of an Alleged Incapacitated Person," Touro Law Review: Vol. 38: No. 4, Article 18.
Available at: https://digitalcommons.tourolaw.edu/lawreview/vol38/iss4/18