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Elder Planning Isn't Just For The Elderly

Personal needs, property management and Article 81 guardianship

On Behalf of | Aug 8, 2022 | Guardianships

If someone in your family becomes incapacitated, it is crucial to review your options and strategies to safeguard their future. In some instances, Article 81 guardianship is necessary. It is pivotal to go over the responsibilities that an Article 81 guardian has, whether you intend to become the guardian or you want to appoint a family member or third party as the guardian.

When it comes to guardianship of someone who becomes incapacitated, it is pivotal to go over examples of personal needs and property management that guardians have to take care of. Article 81 guardians could oversee an incapacitated individual’s property management, their personal needs or both.

Guardians and the personal needs of an incapacitated person

The New York State Unified Court System goes over various types of personal needs that Article 81 guardians sometimes have to manage. For example, personal needs include the ability to access confidential records and submit applications for government benefits on behalf of an incapacitated individual. Article 81 guardians sometimes have to make decisions regarding an incapacitated person’s healthcare and where they live.

Property management and Article 81 guardians

Aside from personal needs, some Article 81 guardians also have to manage property. This includes keeping an incapacitated person’s assets in order and making bill payments for them. In addition, some Article 81 guardians have to make gifts and enter contracts on behalf of the incapacitated person.

Whether you have to establish guardianship or support an incapacitated individual as their guardian, it is essential to have a clear understanding of the various responsibilities that come with guardianship.


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