Blog

Article 81 Guardianships

yellow word divider

“The administration of government, like guardianshipought to be directed to the good of those who confer,not of those who receive the trust.”Marcus Tullius Cicero

The state of New York takes guardianship proceedings very seriously. The process of legally removing the various and nuanced rights of a law-abiding citizen of the United States is not a perfunctory thing. Guardianship laws are filled with complexity and if you and your family are considering pursuing Article 81 guardianship, it is your duty to retain the counsel of an experienced Buffalo area guardianship attorney.

What Is Article 81 Guardianship?

When someone believes that a loved one is no longer able to take care of his or her own personal needs and/or property, a petition for legal guardianship action is filed and an Article 81 guardianship proceeding commences.

Substantiating Your Petition

In order for your petition to be eligible for approval, you and your legal counsel will have to provide “clear and convincing evidence.”  This means the evidence is:

  • Highly or substantially probable to be more true than not true
  • That the person is likely to suffer harm if left to his or her own
  • That an appointment of a guardian is necessary due to such circumstances as:
  • He or she is unable to manage her/his property, providing for personal needs
  • He or she is unable to understand and appreciate the nature and consequences of not being able to care for personal needs
  • He or she is unable to understand and appreciate the nature and consequences of not being able to care for her/his own property

How We Can Help With Your Estate Planning Needs

In the long history of our firm, Hall, Ricketts, Schuller & Gurbacki, P.C. lawyers have created literally thousands of wills and powers of attorney for our clients. When you need to develop creative, comprehensive solutions for the benefit of your estate plan, we are poised to help.

Whether we’re drawing up a simple will or walking you and your loved one through the complexities estate planning can present, let us get to work on your plan to provide for the smoothest transition of your estate possible. We also assist in administration, probate and execution of wills and estate plans. Few firms are as equipped and experienced to work with you on matters of your estate.

Don’t hesitate to call the Hall, Ricketts, Schuller & Gurbacki, P.C. team today. Our responsive team looks forward to hearing from you.You can also connect with us online anytime.

Published
April 11, 2013
Small town service. Big city results.
hand shaking

Integrity.  Commitment.  Results.

Contact The Law Offices of Hall, Ricketts, Schuller & Gurbacki, P.C. online or call 716-652-0828 for experienced, ethical, understanding and responsive assistance with all your legal needs in the greater Buffalo, NY area.
Office:
471 Main Street
East Aurora, NY 14052
Telephone: 716-652-0828
Fax: 716-652-2058
Monday-Friday 9-5pm

Thank you! Your submission has been received!

Oops! Something went wrong while submitting the form