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The purpose of an Article 81 discovery and turnover proceeding is to recover assets taken from an incapacitated person. The threshold question in an Article 81 Guardianship is whether there is a need for a guardian.
GUARDIAN'S POWERS UNDER ARTICLE 81. a) Transact any banking business including establishing checking accounts, savings accounts, certificates of deposit, collecting, negotiating, depositing, withdrawing, endorsing checks, drafts, or any negotiable instrument and any incidental powers related thereto.
What is Mental Hygiene Law Article 81? As a New York City guardianship attorney can explain, the New York State Mental Hygiene Law Article 81 is the statute that provides the procedure for the appointment of a Guardian to handle a person's financial affairs or personal needs.
An Article 81 Guardianship is a legal proceeding under NYS Mental Hygiene Law in the Supreme Court for individuals who lack mental capacity to execute advance directives or whose advance directives are not comprehensive.