What Is an Article 81 Guardianship?

If your elderly parent or disabled family member can no longer make decisions for themselves, you may need to step in legally to help manage their finances, medical care, and personal affairs. In New York, an Article 81 Guardianship allows the court to appoint a guardian to handle these responsibilities when someone can no longer care for themselves.

This legal process is common for:
✔ Elderly parents with dementia or Alzheimer’s who struggle with daily tasks.
✔ Adults with disabilities who cannot make sound financial or medical decisions.
✔ Injured family members who have suffered a stroke or traumatic brain injury.

Without proper legal authority, banks, doctors, and landlords may refuse to communicate with family members, making it difficult to protect a loved one’s well-being.

Who Needs an Article 81 Guardianship?

Not everyone who is aging or has a disability needs a legal guardian. In some cases, a Power of Attorney (POA) or Health Care Proxy is enough to give a trusted person decision-making authority.

However, an Article 81 Guardianship may be necessary when:

  • A person did not sign a POA or Health Care Proxy before becoming incapacitated.

  • They are at risk of financial abuse or neglect and need court oversight.

  • A family disputes who should manage their care, and a judge must step in.

In Bensonhurst, Gravesend, and throughout Brooklyn, many families seek guardianship when other legal protections are unavailable.

Types of Article 81 Guardianship in New York

In New York, Article 81 Guardianships are customized to fit the needs of the person they protect. A judge may appoint:

1️⃣ Guardian of the Person – Makes medical and personal decisions, including housing and health care choices.
2️⃣ Guardian of the Property – Manages finances, assets, and bills, preventing fraud or financial mismanagement.
3️⃣ Guardian of Both Person & Property – Handles all aspects of care, from money management to medical decisions.

A judge will carefully assess how much assistance the person needs and only grant guardianship for areas where they are truly incapacitated.

How Do You Get an Article 81 Guardianship?

The guardianship process involves several legal steps to ensure the person's rights are protected. Here’s how it works:

1️⃣ File a Petition with the Court

  • The process begins when a family member, friend, or concerned party files a legal document (petition) in court, explaining why guardianship is necessary.

  • The petition must include details about the person’s medical condition, financial situation, and why they cannot make decisions for themselves.

2️⃣ Court Appoints an Evaluator

  • The judge will assign a court evaluator to investigate the case.

  • The evaluator interviews the person who may need a guardian, their family, and doctors to determine if guardianship is truly necessary.

3️⃣ Court Hearing & Judge’s Decision

  • During the hearing, a judge will review the evaluator’s report and medical evidence.

  • If the court agrees that the person needs a guardian, a responsible individual (often a family member) is legally appointed.

  • The guardian must file annual reports showing how they are managing the person's affairs.

Do I Need a Lawyer for an Article 81 Guardianship?

While not legally required, having a Brooklyn Guardianship Lawyer can make the process smoother and faster. A lawyer can:
✔ Prepare court documents correctly to avoid delays.
✔ Represent you in hearings if there are family disputes.
✔ Ensure you meet court requirements for guardianship duties.

Need Legal Guidance? Contact a Brooklyn Guardianship Lawyer Today!

If you're unsure whether an Article 81 Guardianship is right for your family, we can guide you through the process. We provide trusted legal services in Bensonhurst, Brooklyn, and Beyond to help families protect their loved ones.

📞 Call or email for an appointment and consultation: 347-692-0222 | 7622LAW@gmail.com