![]() Another option is to appoint a social service agency that specifically provides this type of service.Ī judge can appoint an Article 81 guardian to help a person manage their personal needs or property or both.Įxamples of personal needs include, but are not limited to: If there is no family member willing and able to become that person’s Article 81 guardian, the judge can appoint a previously trained person to take on this responsibility. If a judge decides that a person is incapacitated, the proposed Article 81 guardian must complete a training and be approved by the court before they can be officially appointed. Typically, the petitioner is the alleged incapacitated person’s family member or a qualified agency. The person or entity that files for the appointment of an Article 81 guardian is called a petitioner. To obtain an Article 81 guardian, a person (over the age of 18) or entity must first file a case in court and prove that a guardian is necessary. ![]() likely to suffer harm because they cannot understand the consequences of not being able to care for their property and/or personal needsĪt the beginning of the case, this person is called an “alleged incapacitated person” (or AIP) because their inability to care for their needs is simply an allegation, or someone’s opinion.unable to care for their own property and/or personal needs, and.In a case involving a guardianship of an incapacitated person (also known as an Article 81 case), a judge must decide whether a person is incapacitated and if they need to have a guardian appointed. Guardianship of An Incapacitated Person (Article 81 Guardianship)
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