Q: How do I get a loved one declared unfit to care for themselves?
A: The determination of incapacity is based on clear and convincing evidence that a person is likely to suffer harm because the person is unable to provide for personal needs and/or financial management and the person cannot adequately understand and appreciate the nature and consequences of such inability. If you believe that your loved one cannot care for themselves and can't recognize their own limitations in that regard, then you can seek to become guardian of their person and/or property. If you can't do it personally, you can ask that the court assign someone that has been pre-qualified to serve such a role in NY. The proceeding you would work under would be and Article 81 guardianship proceeding. You should contact a local attorney to assist and advise you on the matter. It isn't an intuitive process.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
