A guardian is a person who is lawfully invested with the power, and charged with the duty of taking care of the person and/or managing his or her property because that person cannot do so at all or cannot do so with reasonably adequate ability (known in law as competence). The basic categories of guardianship are either of the person, of the property or both the person and the property. There are three categories of guardianship in New York which essentially differ in terms of the degree of incapacity or inability to function: (1) Guardian of children and of persons with mental retardation; (2) Conservator of a person who is substantially impaired; and, (3) Committee of a person who is incompetent.
In Kings County, New York, there is a legal process known as the Proceeding for the Appointment of a Permanent Guardian of the Person and Estate of an Adult due to Mental Illness. This type of proceeding is initiated when an individual, who is deemed mentally ill and incapable of managing their own affairs, requires a guardian to protect both their personal well-being and financial assets. This detailed description aims to provide information on the different types or categories that fall within this proceeding while incorporating relevant keywords. 1. Article 81 Guardianship Proceedings: — One of the main types of Kings New York proceedings for the appointment of a permanent guardian of the person and estate of an adult due to mental illness falls under Article 81 of the Mental Hygiene Law. This article primarily focuses on the appointment of guardianship for individuals who are mentally incapacitated and incapable of making sound decisions regarding their personal care and finances. These proceedings aim to ensure that the individual's best interests are safeguarded by granting a qualified guardian with the authority to make crucial decisions on their behalf. 2. Guardianship of the Person: — Under the Kings New York proceeding for the appointment of a permanent guardian of the person, the court will determine whether an individual requires assistance in managing their personal affairs. This may include decisions regarding healthcare, daily living activities, and overall well-being. The court will consider the person's mental capacity, ability to communicate effectively, and any potential risks they may face due to their mental illness. If it is established that the individual lacks capacity in these areas, a guardian may be appointed to ensure their medical, personal, and psychological needs are met. 3. Guardianship of the Estate: — The second aspect of this Kings New York proceeding involves the appointment of a permanent guardian of the estate. In these cases, the court examines the individual's capacity to make informed financial decisions and manage their assets responsibly. If the individual is deemed incompetent in handling financial matters, a guardian may be appointed to oversee their estate, pay bills, manage investments, and protect their financial interests. To initiate such proceedings, concerned parties must file a petition with the court. This petition should provide detailed information about the individual's mental illness, their need for a guardian, and any potential alternatives available. It is crucial to include supporting medical documentation that outlines the individual's mental health condition and its impact on their ability to make decisions. Throughout the Kings New York proceeding for the appointment of a permanent guardian, the court will assess the individual's capacity, interview relevant parties, and may appoint an attorney to represent their interests. The court's ultimate goal is to choose a suitable guardian who will act in the individual's best interests and provide ongoing support and guidance as necessary.
