Conservatorship New York Without Court
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How to fill out Conservatorship Questionnaire?
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FAQ
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.
A guardianship proceeding begins with the filing of a ?petition? in court. A petition is a legal document that explains the facts showing a need for a guardian, and requests the appointment of guardian to make decisions.
To start an Article 81 Guardianship case for an alleged incapacitated person, the person filing the case (the petitioner) must complete the following 4 steps: Fill out these court forms: ... File the Petition. ... Pay the filing fee and index number fee. ... Serve the papers.
To start the guardianship process someone will file a petition with the court asking the court to appoint a guardian over you. The judge will review evidence as to your condition. If based on your mental capacity the judge determines that a guardianship is necessary the judge will make that appointment.
If the parents are alive and unable to come to court, Form 6-4 Waiver of Process, Renunciation or Consent to Guardianship should be completed by the parent(s). This form should be signed and notarized. Proposed Guardian should also bring proof of identification, preferably a picture ID, and proof of residence.