top of page
  • Writer's pictureRuthPGeorge

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.

8 views0 comments

Recent Posts

See All

Here's one of those items that you can think about and look into to ensure your estate planning is up to date! That is beneficiary forms on your retirement accounts! These forms can be filled out wron What happens when there's a Will contest? Who is involved? How long might it take? Who has the burden of proof? How might issues like these need to be reflected in your es

bottom of page