Article 81 Certified Attorneys
Attorney for Alleged Incapacitated Person (MHL Article 81 training)
Court Evaluator (MHL Article 81 training)
Guardian (MHL Article 81 training)
A guardian can be appointed by the court for an adult person who is unable to manage their own personal or financial matters. This area of law focuses on protecting someone who cannot make decisions because of age, illness, developmental disabilities, or incapacity.
Many times, a person who previously could manage their affairs becomes incapacitated as the result of an injury or illness. Older adults may lose the capacity to make decisions because of ill health, disease, or dementia. For these types of cases, an Article 81 guardianship may be appropriate. This type of guardianship is filed in Supreme Court. It is very personalized and specific regarding what powers are granted to the guardian and what decisions stay with the person with a incapacity.
The Court Evaluator is something different and has a very different role in Article 81 proceedings. The court evaluator is appointed by the court to be their eyes and ears and act in a neutral capacity. The Court Evaluator reads all the paperwork submitted to the court and may interview the parties and do whatever is necessary to conduct a thorough investigation. After this is completed the Court Evaluator prepares a report and recommendations to the Court.