Article 81 Guardianship
In an Article 81 guardianship proceeding, the Court may appoint a guardian for a person if the court determines that the appointment is necessary to provide for the personal needs of that person, including food, clothing, shelter, health care or safety and/or to manage the property and financial affairs of that person.
As well, the person has to agree to the appointment, or there must be a finding that the person is incapacitated.
A determination of incapacity shall be based, pursuant to the governing statute, on clear and convincing evidence, and shall consist of a determination that a person is likely to suffer harm because:
1. the person is unable to provide for personal needs, and/or property management; and
2. the person cannot adequately understand and appreciate the nature and consequences of such inability.
These are difficult proceedings to go through and I am sensitive to the emotional toll these matters have on all those who are involved. Let's discuss your guardianship situation, and figure out a plan for moving forward.
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