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Using Article 81 Guardianship to Protect Spouses from Devastating Health Care Costs

Article 81 of New York’s Mental Hygiene Law empowers the supreme court, after a hearing, to appoint a guardian to manage the personal and/ or financial affairs of a person who, due to incapacity or functional limitations, cannot manage on their own.

However, Guardianship Orders are not one size fits all. Guardianship Orders must impose the least restrictive means and be specifically tailored to meet the needs of the incapacitated person after considering factors such as existing advanced directives and other available resources. In such a case, a court might appoint a guardian with powers that are limited to property financial management. And with increasing regularity, courts have appointed guardians with an even narrower scope: to effectuate a Medicaid plan …..

To view a downloadable PDF of the entire article as it appears in the April 2020 issue of Westchester Lawyer Magazine, please click here.

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