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What is the Guardianship Article 81 process like in NYS for an incapacitated adult? Steps? Who...

What is the Guardianship Article 81 process like in NYS for an incapacitated adult?

Steps?

Who initiates process for Guardianship?

Any fees?

Are lawyers involved?

What problems could be encountered?

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Answer #1

Article 81 guardianship is individualized and decisions made by the guardian and people with disabilities. The judge will appoint a court evaluator. court evaluator meets the incapacitated adults, the child investigates them and reports whether they need the guardian or not. It is needed what power guardian should have. Family court, supreme court or surrogate's court handle this guardianship case. fees include a small claim of $1000 or less cost $15, claims of more than $1000 cost $20. It is best if the lawyer handles this case. The court makes the decision for a wide range of cases like child abuse, custody, adoption, guardianship, paternity, juvenile delinquency, violence, divorce.

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