![]() The Petitioner usually goes first and presents his case in chief. What Happens at the Article 81 Guardianship Hearing? The Court Evaluator will render an opinion as to whom the Evaluator believes to be an appropriate person to serve as a Guardian. The Court Evaluator will meet with the Petitioner, the Alleged Incapacitated Person, the Cross-Petitioner, if there is one, and other people mentioned in the Petition whom, the Court Evaluator believes, could be helpful in preparing recommendations to the Court. The Court Evaluator has to investigate all of the allegations in the petition. The Court will appoint a Court Evaluator whose job is to be the eyes and ears of the Court. What Happens Between the Filing of the Petition and the NYC Article 81 Guardianship Hearing? In order to receive a full copy of the petition, these “interested persons” must typically appear in the proceeding and file a cross-petition seeking to be appointed guardian or seek other relief. These “interested persons” only receive a Notice of Proceeding and a copy of the Order to Show Cause. ![]() The AIP’s family members and concerned relatives are “interested persons” but are not necessarily parties and are not immediately entitled to a full set of all of the papers. The Petitioner, Court Evaluator, AIP, and attorney for the AIP are the only “parties” to the proceedings. If the Court appoints an attorney for the AIP, then the attorney for the AIP receives a copy of all of the papers as well. The Court Evaluator also gets a copy of the papers. The AIP is personally served with a copy of all of the papers. Who Gets a Copy of the Guardianship Papers? a facility where the AIP is either a patient or a resident.a person otherwise concerned with the welfare of the AIP or. ![]() a trustee of a trust when the AIP is the beneficiary of a trust or.an executor or administrator when the AIP is the beneficiary of an estate or.The next of kin of the AIP (eg: spouse, child, parent, sibling) or the person alleged to be incapacitated or.Pursuant to Mental Hygiene Law 81.06, in New York, a guardianship proceeding can be commenced by: Who can Commence an Article 81 Guardianship Proceeding? After the Judge signs the Order to Show Cause, the appropriate papers have to be distributed among the various parties. The Verified Petition typically sets forth the AIP’s functional limitations and the reasons that the Petitioner believes that a Guardian is necessary. The Order to Show Cause will also set forth the date and time of the hearing and the powers that are requested. The Order to Show Cause will recite the powers requested, have spaces for the Judge to appoint a Court Evaluator, and if necessary, a temporary guardian and an attorney for the AIP. An Article 81 Guardianship proceeding is initiated by filing an Order to Show Cause and Verified Petition with the Supreme Court in the County where the alleged incapacitated person (“AIP”) resides.
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