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.
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