Q. I need to protect an elderly relative. How do I place them under a guardianship?
An Incapacitated Person (AIP) is an adult (older than 18 years of age) and needs help to care for their personal needs or manage their property or financial affairs. This kind of guardianship case is brought in Supreme Court under Article 81.
An Article 81 Guardianship is very individualized and specific to what decisions are made by the guardian and what decisions are made by the person with the disability. The Judge will appoint a court evaluator. As the eyes and ears of the Court, the court evaluator will meet with the possible incapacitated individual, investigate and report whether or not a guardian should be appointed and, if so, what powers the guardian should have. The Court will always hold a hearing. Generally, it is best if a lawyer handles this kind of guardianship case. Contact the Supreme Court or County Court in your county for more information.