Assisted Living Facilities & Article 81 Guardianship: Protecting Residents & Managing Care Decisions
Assisted living facilities serve seniors who want independence but need some level of assistance. However, some residents experience cognitive decline or medical issues that make them unable to safely care for themselves.
When a resident lacks a Power of Attorney (POA) or designated guardian, assisted living administrators must take legal steps to protect them. Filing for Article 81 Guardianship ensures proper medical care, financial management, and legal oversight.
When Assisted Living Facilities Must Intervene Legally
1. When a Resident Shows Signs of Cognitive Decline
✔ Forgetting to take medication
✔ Getting lost or disoriented within the facility
✔ Wandering outside and endangering themselves
2. When No POA or Guardian Exists
✔ Resident has no appointed decision-maker
✔ Family members refuse to step in or are absent
✔ The resident is financially incapable of paying for their care
3. When Safety or Healthcare Decisions Are Delayed
✔ The facility cannot approve medical treatments
✔ Unsafe living conditions are putting the resident at risk
How to File for Article 81 Guardianship for Assisted Living Residents
1️⃣ Gather Documentation – Medical records proving incapacity, financial records, proof of attempts to contact family.
2️⃣ File a Petition in Court – Submit legal documents explaining why guardianship is necessary.
3️⃣ Attend a Hearing – A judge will decide if the resident needs a guardian.
4️⃣ Appoint a Guardian – If approved, the guardian manages healthcare and financial decisions.
Need Legal Assistance? Work with an Experienced Guardianship Attorney
If your assisted living facility is caring for residents who lack legal representation, filing for Article 81 Guardianship is the next step. Our firm handles institutional guardianship cases and provides legal guidance to assisted living facilities in Bensonhurst, Gravesend, Brooklyn and Beyond!
📞 Call or email us today for a consultation: 347-692-0222 | 7622LAW@gmail.com