Logo Teahan & Constantino

  • Real Estate
  • Wills, Trusts & Estates
  • Governor’s Estate Tax Proposals
  • ARTICLE 81 GUARDIANSHIP PROCEEDINGS: Overview and Background; Pre-Hearing Procedural Issues

posted by Natalie Jackson on Uncategorized

ARTICLE 81 GUARDIANSHIP PROCEEDINGS: Overview and Background; Pre-Hearing Procedural Issues by Vincent L. Teahan, Esq . ¤

OVERVIEW AND BACKGROUND

§ 81.01 Prior law; Legislative Findings and Purpose

Before we delve into the statutory analysis of Article 81, we should first go over a few details about legal background that gave rise to the enactment of Article 81 in 1993. Only then will the reasons for New York’s creation of such a vast and unwieldy law became clear to us – – the end users of the law – – on behalf of our clients and as offices of the Court in Article 81 proceedings.

Before Article 81, the only legal remedy that could be used to deal with the affairs of an incompetent person was Article 78 of the Mental Hygiene Law. This required a finding of complete incompetence. As such, it cast a stigma upon the committed person as it amounted to a complete deprivation of his or her civil rights. Courts became reluctant to appoint committees.

The conservator statute passed in 1972 in the form of Article 77 of the Mental Hygiene Law. It was designed to provide a “less restrictive alternative to the committee procedure.” But this was a solution for an incapacitated person’s property and financial issues only.

A gap arose between the relief provided under Articles 77 and 78. What could be done to help a person who was not completely incompetent but who still needed assistance for both financial and personal needs? There were legislative attempts at filling the gap, but in 1991, the New York Court of Appeals, in the Matter of Grinker (Rose), 77 N.Y.2d 703 (1991) ruled that an attempt by the New York Department of Social Services to use Article 77 to commit an Alleged Incapacitated Person (“AIP”) to a nursing home went beyond the “central property and incidental personal borders” of Mental Hygiene Law Section 77.19. Effectively, the Court of Appeals ended attempts to stretch the conservatorship provisions of Article 77 beyond its property management limits. Unlike some of our US Supreme Court Constitutional decisions, there were no emanations and penumbras allowed.

Soon thereafter, the New York State Law Revision Commission began drafting a statute with a standard for appointment of a guardian focusing on the needs of the individual, and permitting the appointment of a guardian who can make decisions regarding either the person or the property of the person, or both, if appropriate. New Article 81 was enacted in 1992 and became effective in 1993, Former Articles 77 and 78 were repealed.

Article 81’s standard for appointment of a guardian focused on the decisional capacity and functional limitations of the AIP – – the person for whom the appointment was sought. Rather than making determination that person’s condition (i.e., some underlying mental and physical disability, the proving of which would constitute the basis for a finding that a guardian was needed – – like a binary “on/off” or “black/white” determination) that would force a person into a conservatorship (Article 77) or committeeship (Article 78), new Article 81 had as its central concept the appointment of a guardian whose powers are tailored specifically to the particular needs of a person with respect to personal care, property management or both.

NYS Office of Children and Family Services recites:

“the legislature declares that the purpose of this act is to promote public welfare by establishing a guardianship system which is appropriate to satisfy either personal or property management needs of an incapacitated person in a manner tailored to their individual needs of that person, which takes in account the personal wishes, preferences and desires of the person, and which affords the person the greatest amount of independence and self-determination and participation in all the decisions affecting such person’s life.” ¤

§ 81.02 Power to appoint a guardian of the person and/or property;standard for appointment

Under Section 81.02(a)(1)-(2) “the Court has power to appoint a Guardian if it determines:

“1. that the appointment is necessary to provide for the personal needs of that person, including food, clothing, shelter, health care, or safety and/or to manage the property and financial affairs of that person; and 2. that the person agrees to the appointment, or that the person is incapacitated as defined in subdivision (b) of this section.”

NOTE : The standard of “clear and convincing evidence” is an intermediate one between the usual civil “preponderance of the evidence standard” and the criminal laws “beyond a reasonable doubt” standard. The appointment of a guardian necessarily involves the restriction of a person’s liberty and rights which requires this higher standard of proof. It has been found, however, by the Courts that the standard of “beyond a reasonable doubt” is not so required.

Turning to the definition of ‘incapacitated” under Section 81.02 (b), the Court must find that the person “is unable to provide for personal needs and/or property management; and; the person cannot adequately understand or appreciate the nature or consequences of such inability. Section 81.02 (b)(1)-(2).

The standard of Section 81.02 (b) sheds the former labels of “substantial impairment” or “incompetency” under former Articles 77 and 78 and their requirement that the incapacitated person suffer from some underlying illness or condition. Instead, Section 81.02 (c) requires the Court to give:

“1. management of the activities of daily living, as defined in subdivision (h) of section 81.03 of this article; 2. understanding and appreciation of the nature and consequences of any inability to manage the activities of daily living; 3. preferences, wishes, and values with regard to managing the activities of daily living; and 4. the nature and extent of the person’s property and financial affairs and his or her ability to manage them.”

NOTE : In sum, Article 81 has put the Court into the position where it is forced to make an extensive evaluation of a person’s ability to function before the Court may exercise its power to appoint a guardian. All this makes admirable constitutional sense. It respects the dignity of the individual, particularly insofar as the statute is designated to interfere with the AIP’s life, through the appointment of a guardian, as little as possible. At the same time, my experience with Article 81 is that it necessarily involves a huge use of judicial and legal resources on an expedited basis. Though commentators have noted that the legislators designed the appointment of a Court evaluator to ease the burden on the Court as a way to ease the burden on the Courts, the Court evaluator system itself has evolved (at least in my opinion) into something of an unfunded mandate imposed on members of the Bar. One could ask whether forcing the Courts to perform so many evaluations leading to a customized appointment of a Guardian under Article 81 really needs to be done judicially or whether there could be some administrative way to accomplish the same goals and still satisfy constitutional requirements of due process.

A guardian will be appointed if the court determines the AIP is unable to care for himself or herself.

The assessment will also consider the AIP’s physical illness, mental disability (including substance abuse) and any medical treatments which will effect the AIP’s cognitive behavior.

The AIP can also agree to have a guardian appointed on his or her behalf.

§ 81.03 Definitions (including “Least Restrictive Form of Intervention”)

A review of the definition of terms under Article 81 Guardianship:

“(a) “guardian” means a person who is eighteen years of age or older, a corporation, or a public agency, including a local department of social services, appointed in accordance with terms of this article by the supreme court, the surrogate’s court, or the county court to act on behalf of an incapacitated person in providing for personal needs and/or for property management. (b) “functional level” means the ability to provide for personal needs and/or the ability with respect to property management. (c) “functional limitations” means behavior or conditions of a person which impair the ability to provide for personal needs and/or property management. (d) “least restrictive form of intervention” means that the powers granted by the court to the guardian with respect to the incapacitated person represent only those powers which are necessary to provide for that person’s personal needs and/or property management and which are consistent with affording that person he greatest amount of independence and self-determination in light of that person’s understanding and appreciation of the nature and consequences of his or her functional limitations. (e) “available resources” means resources such as, but not limited to, visiting nurses, homemakers, home health aides, adult day care and multipurpose senior citizen centers, powers of attorney, health care proxies, trusts, representative and protective payees, and residential care facilities. (f) “personal needs” means needs such as, but not limited to, food, clothing, shelter, health care, and safety. (g) “property management” means taking actions to obtain, administer, protect, and dispose of real and personal property, intangible property, business property, benefits, and income and to deal with financial affairs. (h) “activities of daily living” means activities such as, but not limited to, mobility, eating, toileting, dressing, grooming, housekeeping, cooking, shopping, money management, banking, driving or using public transportation, and other activities related to personal needs and to property management. (i) “major medical or dental treatment” means a medical, surgical or diagnostic intervention or procedure where a general anesthetic is used or which involves any significant risk or any significant invasion of bodily integrity requiring an incision or producing substantial pain, discomfort, debilitation, or having a significant recovery period, or which involves the administration of psychotropic medication or electroconvulsive therapy; it does not include any routine diagnosis or treatment such as the administration of medications other than chemotherapy for non-psychiatric conditions or nutrition or the extraction of bodily fluids for analysis; dental care performed with a local anesthetic; and any procedures which are provided under emergency circumstances, pursuant to section two thousand five hundred four of the public health law. (j) “life sustaining treatment” means medical treatment which is sustaining life functions and without which, according to reasonable medical judgment, the patient will die within a relatively short time period. (k) “facility” means a facility, hospital, or school, or an alcoholism facility in this state as such terms are defined in section 1.03 of this chapter, a substance abuse program as such term is defined in article nineteen of this chapter, an adult care facility as such term is defined in section two of the social services law, or a residential health care facility or a general hospital as such terms are defined in section two thousand eight hundred one of the public health law. (l) “mental hygiene facility” means a facility, hospital, or school, or an alcoholism facility in this state as such terms are defined in section 1.03 of this chapter.”

• Least Restrictive Form of Intervention

The provisions of Section 81.03(d) “least restrictive form of intervention” go to the heart of the statute. The Court will only give to the Guardian those powers which the AIP truly needs, based on the Court’s assessment, through a functional needs test, of what powers are to be granted. This contrasts with prior law (Articles 77 and 78) which prescribed powers to conservators or committees. All powers not granted by the Court to the AIP are retained by the AIP.

Importantly, lawyers should realize that the “least restrictive form of intervention” may in fact mean no Article 81 relief is needed at all. If, for example, the AIP has previously executed a broad statutory power of attorney for financial management purposes (meaning, for example, not one just limited to banking or real estate matters), coupled with a statutory gifts rider and has also executed a health care proxy/living will with HIPAA authorization, there may be no need to have an Article 81 guardianship proceeding because the “least restrictive form of intervention” is no intervention.

It follows that whenever possible, you, as attorney, should if possible get your own clients to sign the broadest form power of attorney with statutory gifts rider naming agents, successor agents and if necessary alternate successor agents, and similarly, a health care proxy/living wills, HIPAA authorization, also naming an agent, back-up agent and if necessary alternate successor agent. (Query as to whether a lawyer’s failure to counsel clients to execute these instruments and to store multiple copies of them) could leave the lawyer open to criticism given the expense and trouble caused by an Article 81 proceeding that your client’s execution of these relative simple instruments could have avoided.

PRE-HEARING PROCEDURAL ISSUES

§ 81.04 Jurisdiction and § 81.05 Venue

The Article 81 Guardianship petition should be filed in the Supreme Court (or County Court). Relief is sought:

1. for a resident of the state;

2. for a nonresident of the state present in the state;

What if the AIP resides in a facility outside New York? Then jurisdiction is based on the domicile of the AIP. New York State borders Connecticut (in our part of the county, this often involves AIPs residing in facilities in Sharon or Canaan, Connecticut), Massachusetts, New Jersey and Pennsylvania. A person domiciled in New York can be placed in a health care facility in any one of these surrounding states. The Article 81 Guardianship proceeding will be brought in the county in which the AIP is a domiciliary resident. (You may have to bring the proceedings in the state in which the facility is located.)

The proceeding may be brought in:

• the county where the person resides. • the county where the AIP is physically located. • in the Surrogate’s Court where an estate proceeding, in which the AIP, has an interest. • if the AIP resides in a in-care medical facility, in the state and county where the facility is located

§ 81.06 Who may commence a proceeding

Seven persons can initiate an Article 81 Guardianship proceeding:

“1. the person alleged to be incapacitated; 2. a presumptive distributee of the person alleged to be incapacitated, as that term is defined in subdivision forty-two of section one hundred three of the surrogate’s court procedure act; 3. an executor or administrator of an estate when the alleged incapacitated person is or may be the beneficiary of that estate; 4. a trustee of a trust when the alleged incapacitated person is or may be the grantor or a beneficiary of that trust; 5. the person with whom the person alleged to be incapacitated resides; 6. a person otherwise concerned with the welfare of the person alleged to be incapacitated. For purposes of this section a person otherwise concerned with the welfare of the person alleged to be incapacitated may include a corporation, or a public agency, including the department of social services in the county where the person alleged to be incapacitated resides regardless of whether the person alleged to be incapacitated is a recipient of public assistance; 7. the chief executive officer, or the designee of the chief executive officer, of a facility in which the person alleged to be incapacitated is a patient or resident.”

§ 81.07 Notice

Once it is determined who will initiate the Article 81 Guardianship, the next step is to determine what is to be served, who will be served and the method of service. Service of the following documents are necessary:

• Notice of Article 81 Guardianship Proceedings • Order to Show Cause • Petition for Guardianship

The following individuals are to be served ALL documents filed in this proceeding:

• The AIP • The AIP’s attorney • The Court Evaluator

All other interested parties in this proceeding are limited in the documents they are to receive. They will receive a copy of the Notice of Article 81 Proceedings. They will not receive a copy of the Order to Show Cause or Petition for Guardianship as it may contain personal and confidential information. Remember, the AIP’s right to confidentiality needs to be protected. The AIP’s dignity needs to remain intact.

• Notice of Article 81 Guardianship Proceedings

The notice must contain basic information regarding the AIP, the petitioner and the time and place where the court proceedings will be held:

“1. The name and address of the alleged incapacitated person to whom the guardianship proceeding relates; 2. The name and address of the petitioner; 3. The names of all persons to be given notice of the proceeding; 4. The time when and the place where the order to show cause shall be heard; 5. The object of the proceeding and the relief sought in the petition; 6. The name, address and telephone number of the petitioner’s attorney.”

• Order to Show Cause

An Order to Show Cause is to accompany the Notice of Article 81 Guardianship Proceedings. The Order should contain:

“1. date, time, and place of the hearing of the petition; 2. a clear and easily readable statement of the rights of the person alleged to be incapacitated that are set forth in section 81.11 of this article; 3. the name, address, and telephone number of the person appointed as court evaluator pursuant to section 81.09 of this article; 4. the name, address, and telephone number of the attorney if one has been appointed for the person alleged to be incapacitated pursuant to section 81.10 of this article; and 5. a list of the powers which the guardian would have the authority to exercise on behalf of the person alleged to be incapacitated if the relief sought in the petition is granted.”

The type face for the Order to Show Cause is to be a size twelve font or larger. Also, the Order to Show Cause is to be doubled spaced . The Exhibits contain examples of these, and the website permits downloading of the materials in MS Word (.docx) format.

The court will affix the name of the Clerk of the Court, appointed Court Evaluator, return date of the proceeding, the date of the Preliminary Court office (to appoint a temporary guardian) on the Order to Show Cause.

Unless there is just cause, the hearing date is within 28 days from the signing of the Order to Show Cause. Of course this date has to be adjourned if there are problems with the timeliness of service of the relevant papers. The Court has to get jurisdiction over the person of the AIP.

Once issued, the Notice of Article 81 Guardianship Proceeding and Order to Show Cause are to be served on the AIP, attorneys and the Court Evaluator, the following individuals are entitled to Notice under Section 81.07(g):

• the AIP’s spouse, if any • the AIP’s adult children, if any • the AIP’s parents, if living • the AIP’s siblings, if any • any persons with whom the AIP resides • the AIP’s power of attorney agent or health care proxy agent; • if the AIP is receiving public assistance or protective services, the local Department of Community and Family Service; • the Chief Executor Officer of the healthcare facility where the AIP resides; and • the Mental Hygiene Legal Services of the judicial department if the AIP resides in a mental hygiene facility.

If the AIP does not have a spouse, adult children, parents or siblings, notice is to be given to the nearest next of kin who are known to the petitioner. Furthermore:

“(iii) any person or persons designated by the alleged incapacitated person with authority pursuant to sections 5-1501, 5-1505, and 5-1506 of the general obligations law, or sections two thousand nine hundred five and two thousand nine hundred eighty-one of the public health law, if known to the petitioner; and (iv) if known to the petitioner, any person, whether or not a relative of the person alleged to be incapacitated, or organization that has demonstrated a genuine interest in promoting the best interests of the person alleged to be incapacitated such as by having a personal relationship with the person, regularly visiting the person, or regularly communicating with the person; and (v) if it is known to the petitioner that the person alleged to be incapacitated receives public assistance or protective services under article nine-B of the social services law, the local department of social services; and (vi) if the person alleged to be incapacitated resides in a facility, the chief executive officer in charge of the facility; and (vii) if the person alleged to be incapacitated resides in a mental hygiene facility, the mental hygiene legal service of the judicial department in which the residence is located; and (viii) such other persons as the court may direct based on the recommendation of the court evaluator in accordance with subparagraph (xvii) of paragraph five of subdivision (c) of section 81.09 of this article.”

A sample Notice of Article 81 Guardianship Proceedings and Order to Show Cause is attached as Exhibit “A.”

§ 81.08 Petition

The petition for guardianship should be as detailed as possible. (See sample Petition for Guardianship attached as Exhibit B.) The petitioner must be specific in the relief and powers requested. The statute provides the verified petition contain:

“1. the name, age, address, and telephone number of the person alleged to be incapacitated; 2. the name, address, and telephone number of the person or persons with whom the person alleged to be incapacitated resides, if any, and the name, address and telephone number of any persons that the petitioner intends to serve with the order to show cause and the nature of their relationship to the alleged incapacitated person; 3. a description of the alleged incapacitated person’s functional level including that person’s ability to manage the activities of daily living, behavior, and understanding and appreciation of the nature and consequences of any inability to manage the activities of daily living; 4. if powers are sought with respect to the personal needs of the alleged incapacitated person, specific factual allegations as to the personal actions or other actual occurrences involving the person alleged to be incapacitated which are claimed to demonstrate that the person is likely to suffer harm because he or she cannot adequately understand and appreciate the nature and consequences of his or her inability to provide for personal needs; 5. if powers are sought with respect to property management for the alleged incapacitated person, specific factual allegations as to the financial transactions or other actual occurrences involving the person alleged to be incapacitated which are claimed to demonstrate that the person is likely to suffer harm because he or she cannot adequately understand and appreciate the nature and consequences of his or her inability to provide for property management; if powers are sought to transfer a part of the alleged incapacitated person’s property or assets to or for the benefit of another person, including the petitioner or guardian, the petition shall include the information required by subdivision (b) of section 81.21 of this article; 6. the particular powers being sought and their relationship to the functional level and needs of the person alleged to be incapacitated; 7. the duration of the powers being sought; 8. the approximate value and description of the financial resources of the person alleged to be incapacitated and whether, to the best of the petitioner’s knowledge, the person is a recipient of public assistance; 9. the nature and amount of any claim, debt, or obligations of the person alleged to be incapacitated, to the best of the petitioner’s knowledge; 10. the names, addresses, and telephone numbers of presumptive distributees of the person alleged to be incapacitated as that term is defined in subdivision forty-two of section one hundred three of the surrogate’s court procedure act unless they are unknown and cannot be reasonably ascertained; 11. the name, address, and telephone number of the petitioner; 12. the name, address, and telephone number of the person or persons, if any, proposed as guardian and standby guardian, the relationship of the proposed guardian or standby guardian to the person alleged to be incapacitated, and the reasons why the proposed guardian or standby guardian is suitable to exercise the powers necessary to assist the person alleged to be incapacitated; 13. any relief sought pursuant to section 81.23 of this article; 14. the available resources, if any, that have been considered by the petitioner and the petitioner’s opinion as to their sufficiency and reliability; 15. any other information which in the petitioner’s opinion will assist the court evaluator in completing the investigation and report in accordance with section 81.09 of this article.”

Supporting documentation, such as medical records, are not required to be included as supporting documents unless the AIP has called attention to his or her his medical condition or has waived his or his rights to have this information included in court record. Despite this, I note that medical information is creeping into court papers and leaking out, which is the topic of some controversy for guardianship and patient privacy advocates.

As previously stated, the petitioner must be specific in the relief and powers requested. This includes, but is not limited to: a description of the AIP’s functionality, the powers sought, the duration of the power being sought and available resources of the AIP.

• Service of the Notice of Article 81 Guardianship Proceedings, Order to Show Cause and Petition for Guardianship on the AIP

Service on the AIP is via personal service not less than 14 days prior to the hearing date of the Order to Show Cause. If the AIP refuses to accept service or evades service, the Court can direct service of the Notice, Order to Show Cause and Petition using an alternative means.

• Service of the Notice of Article 81 Guardianship Proceedings, Order to Show Cause and Petition for Guardianship on the AIP’s attorney and the Court Evaluator

Service on the AIP’s attorney and Court Evaluator can be made via personal delivery, overnight mail or fax within three business days following the appointment of the court evaluator and the attorney appointed for the AIP.

• Service of the Notice of Proceedings and Order to Show Cause on other interested parties

Notice of the proceeding and the Order to Show Cause will be mailed within 14 days to the AIP’s spouse, the AIP’s adult children, the AIP’s parents, the AIP’s siblings and any persons with whom the AIP resides.

Notice of the proceedings will be mailed to the other parties within a time period as designated by the court.

• Affidavit of Service

The Court Evaluator will need copies of the Affidavit of Service of the Notice and Order to Show Cause. The Affidavit of Service is needed to prove jurisdiction and will be referenced in the Court Evaluator’s Report.

§ 81.23 Provisional remedies

• Temporary Guardian

If the AIP presents an imminent harm to himself or herself, or the AIP’s health, well being are in danger or there is fear of misappropriation of the AIP’s finances or property are on danger, the petitioner can request to be appointed temporary guardian by indicating so on the Order to Show Cause and the Petition for Guardianship.

The Court will conduct a hearing and may require a bond.

Additionally, under New York Mental Hygiene Law Section 81.10(c)5, if a Temporary Guardian is requested, the Court shall appoint an attorney for the AIP, if the AIP does not already have one.

§ 81.24 Notice of Pendency

If the AIP owns property that needs to be protected, the petitioner should file a Notice of Pendency. The Notice of Pendency should be filed prior to the judgment or when the Commission to Guardians is filed.

LIST OF EXHIBITS

  • A sample Notice of Article 81 Guardianship Proceedings and Order to Show Cause  (PDF Format)
  • A sample Notice of Article 81 Guardianship Proceedings and Order to Show Cause  (MS Word Format)
  • A sample Petition for Guardianship  (PDF Format)
  •  A sample Petition for Guardianship  (MS Word Format)

To download a complete copy of the ARTICLE 81 GUARDIANSHIP PROCEEDINGS: Overview and Background; Pre-Hearing Procedural Issues outline and exhibits, please click here .

Recent Posts

  • “Tax Questions to Consider When Selling a Business in New York”
  • New York State Courts Electronic Filing (NYSCEF)
  • Downloadable Petition for Guardianship (MS Word Format)
  • Downloadable Notice of Article 81 Guardianship Proceedings and Order to Show Cause (MS Word Format)
  • January 2018  (2)
  • April 2017  (3)
  • April 2016  (3)
  • May 2014  (1)
  • February 2014  (1)
  • January 2014  (1)

2780 South Road P.O. Box 1969 Poughkeepsie, NY 12601 T: 845.452.1834 F: 845.452.1421 e: [email protected]

41 Front Street, Suite A P.O. Box 1181 Millbrook, NY 12545 T: 845.677.2101 F: 845.677.1054 e: [email protected]

The Teahan & Constantino LLP website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of an attorney-client relationship. Prospective clients should not submit confidential information to Teahan & Constantino LLP or any attorney of the law firm until a conflict check has been run by Teahan & Constantino LLP. No attorney-client relationship is formed until Teahan & Constantino LLP has in its possession an appropriate engagement letter.

Site Design by MGC

Elder Care Lawyers New York Estate Planning NY Adult Guardianship Senior Law Firm

  • David Goldfarb
  • Jeffrey Abrandt
  • Ira Salzman
  • Medicaid Eligibility Plan and Applications
  • Medicaid Asset Protection Trusts (MAPTs)
  • Medical Advance Directives
  • Asset Protection Strategies
  • Estate Administration
  • Estate Administration (Without a Will)
  • Removal of an Executor
  • Will Contest
  • Probate Litigation
  • Special Needs Planning
  • Adult Guardianship
  • Charitable Planning
  • Kinship Hearings
  • Paying for Long-Term Care
  • Special Education Law
  • Social Security
  • Will Contests

Guardianship for Incapacitated People in New York Under Article 81

Article 81 of New York’s Mental Hygiene Law authorizes a court to appoint a guardian to manage the personal and/or financial affairs of a person who cannot manage for himself or herself because of incapacity[1]. Not all Article 81 guardians (hereinafter “guardians”) in New York have the same powers. Guardianship orders are specifically tailored so that the powers that are granted to the guardian are those that are specifically necessary to meet the needs of the person who is incapacitated. For example, a person may not be able to pay their bills or manage their money, but may have the ability to make healthcare decisions. In such a case, a court might appoint a guardian with powers that are limited to financial management.

In other cases where incapacity is global, the powers granted by the court could include not only a full panoply of financial management powers, but in addition the power to make healthcare decisions and the power to determine where the incapacitated person should reside (including nursing home placement if the incapacitated person cannot be reasonably maintained at home).

A Guardian Can Be Given The Authority To Pay The Bills For An Incapacitated Person

By far the most common reason that guardianship proceedings are brought is because an incapacitated person cannot pay bills because of mental incapacity. A court-appointed guardian can remedy this situation by obtaining the authority to collect assets, pay bills, make investments or exercise any financial right that the incapacitated person would be able to exercise if that incapacitated person had the capacity to do so.

A Guardian Can Be Given The Power Necessary To Prevent Self-Neglect

Sometimes incapacitated people do not provide themselves with proper medical care. They become incapable of taking care of their basic activities of daily living such as grooming, dressing, bathing, toileting and obtaining food. Sometimes large amounts of debris accumulate in the homes of incapacitated people. A guardian can be given the authority to remedy these kinds of situations. The authority that can be granted by the court includes the authority to put home care in place, the authority to perform a heavy duty cleaning on an apartment and, if necessary, the authority to place the incapacitated person in an appropriate residential care facility.

A Guardianship Court Can Stop Financial Abuse

Occasionally, unscrupulous individuals take advantage of incapacitated people by fraudulently inducing them to give away their money. As part of a guardianship proceeding a court can freeze bank accounts. A court can appoint a temporary guardian during the pendency of a guardianship proceeding to make sure that no one but the court appointee has access to the assets of the incapacitated person. A court can authorize a guardian to commence an expedited proceeding to recover stolen assets.

A Guardian Can Be Given The Authority To Stop Physical Abuse

Sometimes family members or acquaintances will physically abuse an incapacitated person. A guardian can be given the authority to take measures to stop physical abuse. These measures can include injunctions which require the abuser to refrain from certain activity, implementation of a home care plan, residential placement, the granting of an order of protection, or the granting of authority to apply to the family court for an order of protection.

A Guardian Can Be Authorized To Engage In Medicaid Planning

The care of an incapacitated person can be very expensive. Significant amounts of home care or a residential placement can cost many thousands of dollars per month. It is often possible to obtain Medicaid eligibility for home care or residential facility benefits if the assets of an incapacitated person can be transferred or placed into a trust. Under appropriate circumstances, a court can authorize a guardian to take the steps that are necessary to obtain Medicaid eligibility for an incapacitated person.

A Guardian Can Be Authorized To Engage In Tax Planning

For incapacitated people who have significant wealth it may be advantageous for estate tax reasons to give gifts to family members while the incapacitated person is alive. A guardian can be authorized by a court to make gifts in order to reduce estate taxes.

The Process By Which A Guardian Is Appointed

In order for a guardian to be appointed, a person called a petitioner must ask the court to appoint a guardian. Almost anyone can be the petitioner. Once the petition is filed with the court, the court normally appoints what is called a court evaluator. It is the job of the court evaluator to conduct an investigation and provide the court with a report with regard to the facts and circumstances of the case. The court evaluator normally express an opinion as to whether or not the appointment of a guardian is necessary. In some cases the court also appoints a lawyer to represent the incapacitated person. When the petition is filed the court also sets a hearing date and orders that notice of the filing of the petition be given to close family members.

At the hearing it is necessary for the petitioner to present the court with clear and convincing evidence that the incapacitated person is incapable of managing certain aspects of their personal and/or financial affairs. The court evaluator presents his or her report at the hearing. Anyone who has filed opposition papers will also be given an opportunity to be heard. After the hearing the court will normally render a decision.

Who Can Be Appointed As Guardian?

Normally nominees of the incapacitated person, the petitioner, and family members are given preference when the court determines who should be the guardian. If there is a difference of opinion among family members as to who should serve as guardian, the court will frequently appoint an independent guardian, whose name would be taken from a list maintained by the court.

In addition, in order to serve as guardian, the person who wishes to serve must be able to obtain a bond in an amount set by the court. A bond is an insurance policy which is paid for out of the assets of the incapacitated person which insures the incapacitated person against theft or other malfeasance by the guardian. There is no standard rule about the size of a bond but in many courts the bond is normally equal to the total amount of the assets of the incapacitated person plus two years’ income. If, because of credit reasons, the nominee of the family to serve as guardian cannot obtain a bond, the court may appoint an independent guardian.

If there is no family member or friend who is willing to serve as guardian, then the court will appoint an independent guardian.

The Duties And Responsibilities Of A Guardian

A person who wants to serve as a guardian must take a six-hour course where the duties of the guardian are explained. Some of the more significant duties are listed below.

Within 90 days of appointment as guardian, the guardian must file what is called an initial report. The initial report typically contains a brief summary of the status of the incapacitated person and a list of the assets of the incapacitated person.

By May 31 of each year the guardian must file an annual report with the court which explains in detail all income and disbursements from the previous calendar year.

At the termination of the guardianship the guardian must file a final report which summarizes all of the activities of the guardian for the entire length of the guardianship.

A guardian must visit the incapacitated person at least four times per year.

[1] There is a separate procedure that is used when a minor who does not suffer from a mental or physical incapacity needs a guardian. In addition there is an alternate procedure that can also be used if a person is incapacitated because of mental retardation or developmental disability

Articles for Attorneys

Elder law attorneys on the web, elder law & legal resources on the web, new power of attorney law, new revisions to the new york state power of attorney law, medicare prescription drug benefit what does it mean to you, the irrevocable life insurance trust (ilit), changes in fair hearing rights for medicaid managed long term care and managed care members effective may 2018, new york legal resources, ten biggest mistakes you can make in your estate plan, the homestead and medicaid planning, medicaid coverage of home care in new york, advanced directives: health care proxies, living wills and powers of attorney, planning for children with special needs, will contests – the basics, “spousal impoverishment” budgeting for managed long term care, frequently asked questions concerning living wills and health care proxies, living trust – is it right for you, new york’s estate tax dramatic changes, new york elder law, new york expands due process rights for medicaid mltc recipients, transition of medicaid nursing home residents into managed care, estate planning resources on the web, should i have a will, the estate tax is back, but with some twists—and opportunities, the family health care decisions act, navigating your child’s special education program: a guide for parents and guardians, elder abuse resources, breaking news: new york will apply new medicaid budgeting rules for home care., new york’s family health care decisions act, information for attorneys, please call us at 212-387-8400 or, fill out the contact form below:, how can we help you, helpful links.

Health Care Coverage Estate Planning Living Trusts & Wills Special Education Law Estate Administration & Probate Adult Guardianship & Legal Guardianship of Disabled Adults Special Needs Planning

SEO for Lawyers

The Law Offices Of Michael Camporeale

Call For Free Consultation

(718) 475-9639

Over 20 Years Of Vast Legal Experience

  • Attorney Profile
  • Firm Overview
  • Practice Areas
  • Client Testimonials
  • Lawyer Endorsements
  • Case Results
  • Dad Is On His Way Into The Nursing Home
  • Estate Planning Videos
  • The Law Offices Of Michael Camporeale P.C.
  • Medicaid Planning Videos
  • Mom Needs Home Care In The House
  • Power Of Attorney Video
  • Probate And Estate Video
  • Special Needs Planning Videos

Article 81 Guardianship

What Is A NY Article 81 Guardianship And When Is It Necessary?

An Article 81 guardianship in New York is a very specific court proceeding that is brought generally by a family member on behalf of another family member who is an adult that has lost legal capacity to handle their medical decisions and/or financial decisions due to a mental defect or due to a medical condition.

The NY guardianship proceeding is brought when a person who has not and cannot draft and execute a HealthCare Proxy or NY Power of Attorney, because they lack the legal capacity to do so, because of a medical and/or mental defect.

For example, a person would be deemed to lack legal capacity to execute a valid NY power of attorney or a health care proxy if a person suffers from alzheimers, dementia or has had a stroke or some other medical illness or mental issue or defect that has made it impossible for them to understand what they are signing or who it is that they want in charge of making medical or financial decisions. If they lack that understanding they cannot legally draft or execute a valid Health Care Proxy or Power of Attorney in NY because they lack legal capacity.

Therefore, a formal New York Article 81 guardianship is needed in order to have a guardian appointed by the court so that person will have the legal authority to make medical and financial decisions for that person who is incapacitated.

If a loved one or someone in your family has failed to execute a valid NY Power of Attorney or Health care Proxy and is unable to do so now because they lack the required legal capacity to do so because of a mental or medical defect and an Article 81 guardianship proceeding needs to be brought in New York City, Bronx, Brooklyn, Long Island, Queens, Staten Island, Westchester or White Plains, The Law Offices of Michael Camporeale can help.

We have elder law and guardianship attorney New York City well versed and experienced in guardianships and in Medicaid and estate planning in helping families in NY with this very specific court proceeding. In a NY guardianship proceeding you would be asking a judge to find the person to be incapacitated and unable to handle their affairs and to be in need of a guardian. In the guardianship proceeding you would be asking the Court to allow you or some other court appointed person to become the guardian of the person and/or property and be placed in control of making all decisions regarding the person and/or their assets. If you need help with the guardianship proceeding in New York, you need to contact an experienced and qualified guardianship attorney New York NY. The lawyer must also be familiar with estate planning, and elder law in New York. The Law Offices of Michael Camporeale are experienced elder law lawyers and New York City guardianship attorney. We also have estate planning lawyers and estate planning attorneys to help you with your problems.

If a person has failed to execute a Power of Attorney in NY or a Health Care Proxy and has lost legal capacity to do so, the guardianship will be necessary in order to legally handle and control the estate and affairs of the incapacitated person. The guardian will have the legal authority to determine where a person lives, handle their assets and finances, pay their bills and control and direct their medical care which is necessary in order to do proper Medicaid and estate planning in order to preserve assets so that they are not spent on the catastrophic costs associated with long term care including nursing home care costs.

This is why it is very important for a person to draft and execute a valid NY Power of Attorney and Health Care Proxy while they are in good health and before they are stricken with an illness or an accident so as to have to avoid a NY guardianship proceeding if they become incapacitated.

Without the Health Care Proxy, NY Power of Attorney or NY guardianship order, nothing can be done legally for an incapacitated person until a guardian is appointed by the court. The incapacitated person is in a state of limbo in that no one is legally in charge of their affairs regardless of the fact that they may have a wife or child or some other family relationship. It is the Health Care Proxy, the NY Power of Attorney or guardianship order that conveys the legal authority over another to legally handle their medical and or financial affairs.

The NY guardianship lawyers at the Law Offices of Michael Camporeale have experienced elder law and guardianship lawyer New York NY well versed in guardianships, Medicaid and estate planning and can determine whether a person lacks the legal capacity to draft and execute a valid Power of Attorney and/or Health Care Proxy and whether a New York Article 81 guardianship is necessary.

Make your case strong by taking advice from one of the best New York City guardianship lawyer. Our New York guardianship attorney will represent your case effectively with positive results. You can have a free session with our New York guardianship lawyer.

We have well versed and experienced elder law lawyers and guardianship lawyer New York City who have been successfully helping families with their elder law and guardianship needs in the New York City metro areas of Westchester, White Plains, Manhattan, Long Island, Bronx, Queens, Brooklyn and Staten Island for well over a decade. Our offices are located in Staten Island, New York, Brooklyn, Bronx, White Plains, Garden City, Melville, NY.

Call today for a free consultation at (718) 475-9639 .

New York Attorney Michael Camporeale

Get your questions answered - call me for your free phone consultation (718) 475-9639

Related Articles

  • Legal Guardianship For Disabled Or Special Children In New York
  • Last Will And Testament In New York

OFFICE LOCATIONS

Staten island north shore.

1688 Victory Blvd., Suite 201 Staten Island, NY 10314

Staten Island South Shore

18 Hervey St. Staten Island, NY 10309

New York Manhattan Area

48 Wall St., 11th Floor New York, NY 10005

Brooklyn, NY Law Office

44 Court Street, Suite 1217 Brooklyn, NY 11201

Bronx, NY Law Office

3867 E. Tremont Ave., 2nd Floor Bronx, NY 10465

White Plains, NY Law Office

75 South Broadway, 4th Floor White Plains, NY 10601

Queens, NY Law Office

1225 Franklin Ave., Suite 325 Garden City, NY 11530

Melville, NY Law Office

445 Broadhollow Rd, Suite 25 Melville, NY 11747

Primary Phone: (718) 475-9639

Manhattan Office Phone: (212) 248-9533

We serve the following localities: Manhattan, White Plains, Bronx, Long Island, Staten Island, Brooklyn, and Queens

  • Privacy Policy
  • Attorney Marketing

what is an article 81

three intersecting circles next to the Burner Prudenti Law, P.C. typography logo

Long Island

Featured Publication Thumbnail

Article 81 Guardianship Proceedings in New York State

How to bring a guardianship proceeding, who is involved in a guardianship proceeding, timeline for guardianship proceeding, what happens after the guardian is appointed, how to avoid a guardianship in new york state.

A guardianship proceeding is commenced under  Article 81  of New York State Mental Hygiene Law. The purpose of the proceeding is to have a guardian appointed for a person who is deemed incapacitated and unable to make decisions with respect to personal and/or financial matters. The Court must find that the alleged incapacitated person (or “AIP”) cannot appreciate the nature and consequences of his or her inability to handle such matters and that the AIP is likely to suffer harm if a Guardian is not appointed.

In a guardianship proceeding, two distinct sets of powers are at play:

  • “personal needs” powers to make decisions related to healthcare and place of abode; and
  • “property management” powers to handle all financial matters.

Sometimes an AIP needs a guardian for both Personal Needs and Property Management. Often one guardian is appointed to act as both the Personal Needs and Property Management Guardian, but separate Guardians could be appointed if the Court finds it appropriate.

In order to a commence a  guardianship , an Order to Show Cause and Petition must be with the Guardianship Court, in the civil Supreme Court in the county where the AIP resides.  The Petition outlines why the AIP needs a guardian and either nominates a specific person to serve as the Guardian or asks the Court to appoint an appropriate person.  There are certain “interested parties” that must be notified that a guardianship proceeding has been requested: the AIP, the spouse of the AIP, any children of the AIP, parents of the AIP, siblings of the AIP and any agencies/facilities that would potentially be involved with the proceeding (i.e. a nursing home where the AIP resides).

Court Evaluator

Once a guardianship proceeding is commenced, the Court will appoint a Court Evaluator who will act as the “eyes and ears” of the Court. The Court Evaluator will visit the AIP, interview the potential guardian and any persons with pertinent information.

Counsel for AIP

The Court also may appoint an attorney for the AIP, to ensure that the rights and wishes of the AIP are protected.  Sometimes the Court waits for the court evaluator to determine if an attorney is needed to represent the AIP’s interests, for example if the AIP is contesting the guardianship.

A hearing is usually scheduled within 28 days of the Court signing the Order to Show Cause.  The twenty-eight-day period is mandated by the statute, but can be extended for good cause by the judge. Anyone can file a cross-petition, objecting to the guardianship itself or the proposed guardian.

At the hearing, the petitioner has the burden of proving by clear and convincing evidence that a guardianship is needed. The Court Evaluator submits a written report and recommendation that is entered into evidence. Ultimately, after hearing all of the evidence, the Court will make a finding with respect to the guardianship and if necessary, appoint a guardian. The Court must closely tailor the guardian’s powers to be least restrictive, granting only those powers absolutely necessary to meet the AIP’s needs while affording the AIP the greatest amount of independence.

If appointed, the Guardian will be required to undergo a Court-approved training program, background check and potentially be bonded. In addition, the guardian will be required to maintain financial records and file an initial accounting within 90 days of the appointment, as well as annually.  Failure to keep sufficient records or report to the Court may result in the Guardian being removed.  Usually, the guardianship will be maintained indefinitely and only terminate upon the death of the AIP; however, if the AIP improves, a termination proceeding may be commenced to terminate the guardianship earlier.

In order to avoid being the subject of a guardianship, it is advisable to take the necessary steps to execute a complete estate plan – including a comprehensive Health Care Proxy and Durable Power of Attorney.  With appropriate estate planning documents in place, a guardianship proceeding can usually be avoided. Learn more about  guardianships with Burner Law Group .

–  Brittni Sullivan, Esq.  and  Nancy Burner, Esq.

  • Suffolk County
  • Upper West Side
  • Union Square
  • Stuyvesant Town-Peter Cooper
  • Murray Hill
  • Gramercy Park
  • Flatiron District
  • East Setauket
  • East Hampton
  • Westhampton Beach

Please fill out this form and our team will contact you shortly.

  • Latest News
  • Jawazat and MOI
  • Driving in KSA

Life in Saudi Arabia

  • Saudi Labor Law

Article 81 of Saudi Labor Law – Resign without Notice

Article 81 of the Saudi Labor Law provides 7 scenarios under which an employee can resign without notice and still claim the full end-of-service benefits .

  • Can I resign within the contract as per Saudi Labor Law?

Article 81 of the Saudi Labor Law

Make sure to write the correct article and sub-section of Saudi Labor Law while writing the resignation.

Article 81 (1)

An employee can resign without notice if the employer fails to fulfill his primary contractual or statutory obligation, such as not paying salaries or being unable to provide an Iqama to the employee. Moreover, the employee can transfer the sponsorship without Kafeel’s permission in this scenario .

Article 81 (2)

If the employer has committed fraud regarding the work conditions and circumstances, an employee can resign within the probation period under Article 81 (2) of Saudi Labor Law.

Article 81 of Saudi Labor Law: Resignation w/o Notice

Article 81 (3)

Resignation without notice can be served if the employer requires the worker to perform a job materially different from the agreed-upon work , such as requesting an accountant to work as a security guard. 

  • However, Article 60 of Saudi Labor Law allows an employer to appoint an employee to perform a task substantially different from his job for 30 days in a year. 
  • As per Article 38 of the Saudi Labor Law, the employer cannot employ an expat in a profession other than the one specified in his Iqama.

Article 81 (4)

If the employer or any of his representatives commit a violent or immoral act against the workman or his family members, Article 81 (4) of Saudi Labor Law allows the worker to resign without any notice period . 

Article 81 (5)

If the behavior of the employer or any of his representatives is characterized as cruelty, injustice, or insult , a resignation can be served without a notice period.

Article 81 (6)

If the workplace is a serious safety or health hazard and the employer has not improved it despite several requests by the worker, he can resign under article 81 (6) of Saudi Labor Law.

Article 81 (7)

If the employer has caused the worker to appear as the party terminating the contract due to unfair treatment or violation of the contract, the workman can resign without notice under Article 81 (7).

For example, an employer forces an employee to relocate to a site area office or leave the job. Here, the worker does not have any second option but to resign.

Article 81 is reciprocal to Article 80 of Saudi Labor Law , where the right to terminate employment without benefits is given to the employer.

Source: Saudi Labor Law

For the latest updates, you can join our ✅ WhatsApp group , ☑️ Telegram Channel , or ✅ WhatsApp Channel .

Never pay the full price🏷️; join  the 📢 Saudi Coupon Codes group and get sales updates and discount codes in one place.

RELATED ARTICLES MORE FROM AUTHOR

Can i resign within contract as per saudi labor law, qiwa allows employers to pay variable salary, how to check employment contract in qiwa, saudi arabia public holidays in 2024, how to check number of employees in a company, how to get social media influencer license in ksa.

SEARCH NYCourts.gov

Home

6th JD - BROOME COUNTY

Article 81 forms.

No. 7 North Carolina manhandles Va. Tech, 96-81

NCAA Basketball: Virginia Tech at North Carolina

Our Standards: The Thomson Reuters Trust Principles. , opens new tab

No. 22 Colorado State will look to bounce back at UNLV on Saturday night after its loss at New Mexico on Wednesday night.

No. 8 Duke and host Wake Forest are coming off lopsided wins heading into Saturday's meeting in Winston-Salem, N.C.

NCAA Basketball: Nebraska at Indiana

LSU gets buzzer-beating win over No. 17 Kentucky

Tyrell Ward scored 17 points and made a game-winning follow-up hoop at the buzzer as LSU defeated No. 17 Kentucky 75-74 on Wednesday night in Baton Rouge, La.

MLS: Real Salt Lake at Inter Miami CF

Former Palm Beach County Sheriff, FBI agent Bob Neumann dies at 81

Before becoming Palm Beach County’s top cop, Bob Neumann’s law enforcement career included investigating some of the Federal Bureau of Investigation's most high-profile cases. 

For 13 years, Neumann was the FBI’s supervising agent at the West Palm Beach federal courthouse before retiring in 1995 and making a successful run as the Republican candidate for Palm Beach County Sheriff. 

Neumann, who served as Palm Beach County’s 14th sheriff, died Feb. 5. He was 81.

“Sheriff Neumann led the PBSO with unparalleled distinction, having previously served with the FBI,” a PBSO statement on its Facebook page said. “His tenure was marked by dedication, courage, and a deep commitment to the citizens of Palm Beach County.” 

Neumann served one term from January 1997 to December 2000, defeating appointed incumbent Charles McCutcheon in the 1996 election. He lost his bid for reelection in 2000 to Ed Bieluch.

More: A 2020 crash in Jupiter killed a teen football player. Here's how the driver will pay.

High-profile FBI cases included disappearance of labor boss Jimmy Hoffa

Before becoming sheriff, Neumann was assigned to the FBI's West Palm Beach office. His time in the office included coordinating the FBI's month-long search in 1984 for suspected serial killer Christopher Wilder. The search ended in April of 1984 when Wilder fatally shot himself while wrestling over a gun with a New Hampshire police officer.

“We were always just hours behind him,” Neumann recalled in a 2008 interview with The Palm Beach Post. “We got to a motel in Oklahoma, and he had checked out two hours earlier.”  

While working as a special agent in the FBI's Detroit office, Neumann was involved in one of the agency's biggest investigations, the still-unsolved 1975 disappearance of labor boss Jimmy Hoffa.

"There's not a day that I would have changed," Neumann said of his 26-year career with the bureau. "I did not regret any of it."

Julius Whigham II is a criminal justice and public safety reporter for The Palm Beach Post. You can reach him at [email protected]  and follow him on X, the platform formerly known as Twitter, at @JuliusWhigham . Help support our work: Subscribe today.  

  • Election 2024
  • Entertainment
  • Newsletters
  • Photography
  • Press Releases
  • Israel-Hamas War
  • Russia-Ukraine War
  • Latin America
  • Middle East
  • Asia Pacific
  • AP Top 25 College Football Poll
  • Movie reviews
  • Book reviews
  • Financial Markets
  • Business Highlights
  • Financial wellness
  • Artificial Intelligence
  • Social Media

Financially struggling Met Opera’s 18 productions next season matches the fewest since 1980-81

This photo provided by the Metropolitan Opera shows a set model by Christine Jones for Michael Mayer’s production of Verdi’s “Aida,” which opens at the Metropolitan Opera on Dec. 31, 2024. (Aram Kim/Metropolitan Opera via AP)

This photo provided by the Metropolitan Opera shows a set model by Christine Jones for Michael Mayer’s production of Verdi’s “Aida,” which opens at the Metropolitan Opera on Dec. 31, 2024. (Aram Kim/Metropolitan Opera via AP)

  • Copy Link copied

The financially struggling Metropolitan Opera will present 18 productions in 2024-25, matching the current season and pandemic-curtailed 2019-20 for the fewest since 14 in strike-shortened 1980-81.

Met general manager Peter Gelb kept up his pivot to contemporary works, starting the season with Jeanine Tesori’s “Grounded” on Sept. 23, then presenting Osvaldo Golijov’s “Ainadamar” opening Oct. 15 and John Adams’ “Antony and Cleopatra” beginning May 12, 2025.

“Aida” is the sole totally new production plus five new-to-the-Met stagings. There will be 194 performances under the schedule announced Wednesday, matching the current season and down from 215 in 2022-23.

Under Gelb the Met has withdrawn $40 million from the company’s endowment, reducing it to about $255 million. The Met had a recent high of 28 productions in 2007-08.

FILE - People appear in Josie Robertson Plaza in front of The Metropolitan Opera house at Lincoln Center in New York on March 12, 2020. . (AP Photo/Kathy Willens, File)

“We need to make the season compelling and interesting and vital and appealing to both the older audiences as well as the increasing number of new audiences who are attending,” Gelb said. ”We also have the financial constraints that the post-pandemic world has left us in.”

Contemporary works had varying box office success in this season’s first half. Anthony Davis’ “X: The Life and Times of Malcolm X” sold 78% of available seats, Daniel Catán’s “Florencia en el Amazonas” 68% and Heggie’s “Dead Man Walking” 62%.

“Not everything we do is going to be a home run at the box office even if they are artistically home runs,” Gelb said.

Overall ticket sales in the first half were 73%, up from 62.7% in the first part of the 2022-23 season. A new staging of Bizet’s “Carmen” sold 84% and Mozart’s “The Magic Flute” topped revivals at 87%, followed by Puccini’s “La Bohème” (74%), Verdi’s “Nabucco” (71%), Wagner’s “Tannhäuser” (64%) and Verdi’s “Un Ballo in Maschera (A Masked Ball)” (56%).

“Grounded,” about a female fighter pilot with a libretto by George Brant, had its world premiere at the Washington National Opera last fall. Emily D’Angelo and Ben Bliss star in Michael Mayer’s staging, and Met music director Yannick Nézet-Séguin conducts.

“Act 1 has been restructured. It’s shorter. And new music has been written by Jeanine,” Gelb said.

Mayer’s version of “Aida” that opens on New Year’s Eve was announced in 2017 as a co-production with Moscow’s Bolshoi Theatre and was to have opened the Met’s 2020-21 season. It was pushed back by the pandemic and the Bolshoi’s participation was dropped after Russia’s 2022 invasion of Ukraine . It replaces a lavish Sonja Frisell production that appeared 262 times from 1988 through last year. Angel Blue and Piotr Beczała star.

Mayer frames the story as being discovered by an archaeologist reading hieroglyphics in a tomb.

“The world has changed so much since we started the project. The concept came out of a very different time and place,” Mayer said.

Claus Guth’s staging of Strauss’ “Salome” opening April 29, 2025, originally was a co-production that appeared at the Bolshoi in 2021 before the Met severed ties. Elza van den Heever stars and Nézet-Séguin conducts.

“Ainadamar” is seen in Deborah Colker’s staging that was first at the Scottish Opera in 2022; “Moby-Dick” (March 3) in the Leonard Foglia production from its Dallas Opera premiere in 2010; and “Antony and Cleopatra” with Adams conducting in Elkhanah Pulitzer’s staging from the San Francisco Opera’s world premiere in 2022.

Rising star soprano Lise Davidsen appears in revivals of Puccini’s “Tosca” and Beethoven’s “Fidelio.”

Guth’s production of Handel’s “Semele” was pushed back to a later season. Gelb said previously delayed stagings on track for future seasons include Bellini’s “La Sonnambula” by Rolando Villazón and Weill’s “Rise and Fall of the City of Mahagonny” by Ivo van Hove.

Next season joins 2013-14 as the only seasons without Wagner since anti-German sentiment in 1918-19 caused by World War I.

High-definition simulcasts to movie theaters were cut to eight, down from nine this season and 10 in 2022-23. The winter break instituted in 2022 was increased to five weeks from four.

what is an article 81

IMAGES

  1. Article 81 Guardianship Forms 2020-2022

    what is an article 81

  2. The Basics of An Article 81 Guardianship

    what is an article 81

  3. GUIDE TO ADULT GUARDIANSHIP ARTICLE 81 OF THE ... Doc Template

    what is an article 81

  4. When to File for Article 81 Guardianship in NYC

    what is an article 81

  5. Article 81 guardianship forms: Fill out & sign online

    what is an article 81

  6. Using the One-Shot Provision of Article-81: Preserving Rights

    what is an article 81

COMMENTS

  1. Guardianship of An Incapacitated Adult

    To obtain an Article 81 guardian, a person (over the age of 18) or entity must first file a case in court and prove that a guardian is necessary. The person or entity that files for the appointment of an Article 81 guardian is called a petitioner. Typically, the petitioner is the alleged incapacitated person's family member or a qualified agency.

  2. How to Start an Article 81 Case

    To start an Article 81 Guardianship case for an alleged incapacitated person, the person filing the case (the petitioner) must complete the following 4 steps: 1. Fill out these court forms: a petition: A petition is a written request asking the court to start a case. The petition also gives the petitioner the opportunity to explain why they ...

  3. ARTICLE 81 GUARDIANSHIP PROCEEDINGS: Overview and Background; Pre

    New Article 81 was enacted in 1992 and became effective in 1993, Former Articles 77 and 78 were repealed. Article 81's standard for appointment of a guardian focused on the decisional capacity and functional limitations of the AIP - - the person for whom the appointment was sought.

  4. What Happens after an Article 81 Case is Filed

    What Happens after an Article 81 Case is Filed. After the petitioner files an Article 81 case, the court will schedule a hearing. The hearing will take place no more than 28 days from the date the judge signs the order to show cause form. On the order to show cause form, the court will appoint an individual to serve as court evaluator.

  5. Article 17-A Guardianship vs. Article 81 Guardianship

    Article 81 requires proof by clear and convincing evidence, while Article 17-A is silent as to the burden. Even when young adults meet the medical criteria for an Article 17-A guardian, courts are taking a more wholistic view and looking at that person's functional capacity and assessing if an Article 17-A guardian is the least restrictive ...

  6. Guardianship Cases & Fiduciary Accountings

    The petition requests the appointment of a temporary guardian pursuant to 81.23 of Article 81; The court determines that a possible conflict may exist between the court evaluator's role and the advocacy needs of the person alleged to be incapacitated: If at any time the court determines that appointment of counsel would be helpful.

  7. PDF GUIDE TO GUARDIANSHIP

    Under Article 81 of the Mental Hygiene Law there are two types of guardianship: • A Guardian for Property Management has the power to manage finances. • A Guardian for Personal Needs has the power to make personal care decisions. Sometimes a guardian is given both powers and sometimes the judge appoints two different guardians for the two ...

  8. Guardianship for Incapacitated People in New York Under Article 81

    Article 81 of New York's Mental Hygiene Law authorizes a court to appoint a guardian to manage the personal and/or financial affairs of a person who cannot manage for himself or herself because of incapacity[1]. Not all Article 81 guardians (hereinafter "guardians") in New York have the same powers. ...

  9. What you need to know about Article 81 guardianship

    What are the responsibilities of an Article 81 guardian? The court determines what each guardian is responsible for on a case-by-case basis. Whenever the court appoints an Article 81 guardian, it delineates whether he or she will be responsible for property or personal needs. The court may also appoint a guardian to help manage both.

  10. New York Article 81 Guardianship

    An Article 81 guardianship in New York is a very specific court proceeding that is brought generally by a family member on behalf of another family member who is an adult that has lost legal capacity to handle their medical decisions and/or financial decisions due to a mental defect or due to a medical condition.

  11. Article 81 Guardianship Proceedings Explained

    A guardianship proceeding is commenced under Article 81 of New York State Mental Hygiene Law. The purpose of the proceeding is to have a guardian appointed for a person who is deemed incapacitated and unable to make decisions with respect to personal and/or financial matters. January 6, 2021.

  12. What Is An Article 81 Guardianship?

    Article 81 guardianships could make it far simpler to overcome such hardships. Living in Westchester County is an unparalleled privilege. However, all of the amenities and rich cultural influences don't make those in our community immune to the perils of the modern world.

  13. PDF Issues Concerning the Article 81 Guardianship Hearing What Needs to be

    Pursuant to C.P.L.R. Article 23 the attorney for the petitioner can issue subpoenas requiring witnesses to appear at trial. Documents can also be obtained pursuant to the issuance of a subpoena duces tecum. After a subpoena duces tecum is served it must be served on all other parties to the proceeding. D.

  14. What Happens After an Article 81 Guardian is Appointed

    What Happens After an Article 81 Guardian is Appointed. If a guardian is appointed, the court will normally require that a separate form, an Order and Judgment, be submitted for approval and signed by the judge. The Order and Judgement is a legal form that provides detailed information about the court's findings, including:

  15. Contested Mental Hygiene Law Article 81 Guardianship Proceedings

    An Article 81 proceeding is a "special proceeding" within the meaning of Civil Practice Law and Rules Article 4. Any petition that fails to allege one or more of the essential elements required by MHL 81.08 is therefore subject to dismissal pursuant to CPLR 3211. D. Moreover, a properly pleaded petition in a contested Article 81 proceeding

  16. What Is Article 81 Guardianship?

    An Article 81 guardianship application may be appropriate when an adult exhibits a diminished capacity and requires some form of continuous assistance on a regular basis to maintain their daily living needs. The statute refers to the individual for whom the appointment of a guardian is being sought as the "Alleged Incapacitated Person" or "AIP".

  17. What is Article 81 Guardianship

    What is Article 81 Guardianship? Answered by NY Estates & Probate Lawyer | Russel Morgan | New York, NY | 212-561-4299 | https://www.morganlegalny.com/nyc-ar...

  18. Article 81 of Saudi Labor Law

    Article 81 (7) If the employer has caused the worker to appear as the party terminating the contract due to unfair treatment or violation of the contract, the workman can resign without notice under Article 81 (7). For example, an employer forces an employee to relocate to a site area office or leave the job. Here, the worker does not have any ...

  19. UCMJ Article 81

    Conspiracy. Article 81 (Conspiracy) of the MCM states a service member may be subject to prosecution if they: if one or more of the conspirators commits an act to affect the object of the conspiracy. Article 81 also contains provisions specifically to offenses committed under the law of war that result in the death of at least 1 individual.

  20. What, Exactly, Should You Eat? It's a $190 Million Question

    To help the government figure out what you should eat. That man, Kevin Elizabeth, a 28-year-old tech worker, is one of 500 Americans who will be living at scientific facilities around the country ...

  21. Article 81 Forms

    Article 81 Forms. Article 81.21 (e) Findings (Transfers of Incapacitated Person's Property) Order Approving Final Account of Guardian and Discharging Guardian. Third Judicial Dept. Court Examiner reports: includes Initial and Annual Report of Guardian.

  22. No. 7 North Carolina manhandles Va. Tech, 96-81

    Armando Bacot had 25 points and 12 rebounds as No. 7 North Carolina used relentless offense and rebounding to defeat visiting Virginia Tech 96-81 on Saturday afternoon in Chapel Hill, N.C.

  23. Former Palm Beach County Sheriff, FBI agent Bob Neumann dies at 81

    Neumann, who served as Palm Beach County's 14th sheriff, died Feb. 5. He was 81. "Sheriff Neumann led the PBSO with unparalleled distinction, having previously served with the FBI," a PBSO ...

  24. Financially struggling Met Opera's 18 productions next season matches

    The financially struggling Metropolitan Opera will present 18 productions in 2024-25, matching the current season and pandemic-curtailed 2019-20 for the fewest since 14 in strike-shortened 1980-81.. Met general manager Peter Gelb kept up his pivot to contemporary works, starting the season with Jeanine Tesori's "Grounded" on Sept. 23, then presenting Osvaldo Golijov's "Ainadamar ...

  25. Kasus bullying di Binus Serpong 'perundungan ekstrem'

    Perundungan berupa kekerasan fisik dan psikis yang diduga dilakukan belasan siswa senior Binus School Serpong terhadap juniornya disebut oleh kriminolog sebagai "perundungan ekstrem". Polres ...