In a Mental Hygiene Law Article 81 adult guardianship proceeding, most Courts require motions to settle a guardian’s final report or final account be made by Order to Show Cause. The same can be said for interim motions in
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Family fighting makes it hard, but not impossible, to be appointed guardian
In a New York Mental Hygiene Law Article 81 guardianship proceeding, courts strongly prefer appointing family members as guardian of the incapacitated person. However, there are exceptions.
When family members fight to be appointed guardian, are acrimonious, or can’t get…
‘Choosing the Place of Abode’: The Power to Determine Where an Incapacitated Person Lives
Article 81 guardians are often given broad powers over an Incapacitated Person’s life. One of the more challenging decisions many guardians face is deciding where their ward should live.
Is the current living situation suitable? Should the Incapacitated Person live…
Surrogate Kelly: First to File Gets First Priority
In a recent court conference in Queens County Surrogate’s Court, Surrogate Peter J. Kelly indicated that, all else being equal, he’s inclined to appoint as administrator of an estate the first to file their petition when there are multiple distributees…
Filing Original Will and Death Certificate in New York County Surrogate’s Court
When probating a will in New York County Surrogate’s Court, you’ll need to file the original will and a certified copy of the death certificate with the Probate Department. But how do you file these documents in the age of…
Surrogate Thompson Suspended. Acting Surrogate to be Named: NYLJ
Kings County Surrogate Harriet L. Thompson was suspended on Friday, according to the New York Law Journal.
An acting surrogate will be named to handle the caseload, Lucian Chalfe, the Director of Public Information for the New York State…
WebSurrogate is Back
WebSurrogate, the online document retrieval service for Surrogate’s Courts, relaunched.
The website was originally launched in the spring and quickly taken offline.
According to its website, “WebSurrogate provides information on estate proceedings and other filings within New York State…
Surrogate Thompson Begins Issuing Citations Again
Kings County Surrogate Harriet L. Thompson is once again issuing citations, according to an announcement from Surrogate Thompson’s chambers posted by the New York Law Journal.
The Kings County Surrogate’s Court Accounting Department also confirmed that Surrogate Thompson is once…
Instructions for Filing Commission to Guardian in New York County
I recently received written instructions from the New York County Clerk for filing a Commission. The entire process is in-person.
Webinar to Explore Ethical Considerations in Petitioning for an Article 81 Guardian in New York
The Coalition to Assist Limited Capacity New Yorkers will present a three-part series of webinar panel discussions on navigating the ethical challenges that arise in the practice of Mental Hygiene Article 81 guardianship cases.
The first webinar, which will…