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Lawyer Lori
Lawyer Lori, Lawyer
Category: Family Law
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Experience:  Divorce, custody and child support attorney.
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I need to take guardianship of my mentally ill sister. What

Customer Question

I need to take guardianship of my mentally ill sister. What do I need to do?
Submitted: 3 years ago.
Category: Family Law
Expert:  Lawyer Lori replied 3 years ago.
In order to take guardianship of your sister, you will need to file a petition in the surrogate's court in your county. The paperwork is extensive, but self-explanatory, and can be found on-line at: http://www.courts.state.ny.us/forms/surrogates/omni/gd17A.pdf

So long as your other family members are willling for you to take guardianship, it is a rather simple process. But if they are going to object, you may want to have an attorney represent you.

Good luck.
Lawyer Lori, Lawyer
Category: Family Law
Satisfied Customers: 2102
Experience: Divorce, custody and child support attorney.
Lawyer Lori and 6 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

I printed the forms that you told me to. But, I called the Civil Supreme Court (Guardingship for Adults) she said that there is no paper work except for the Article 81 procceding or Petition Order to Show Cause.

 

Is the Article 81 or Petition Order to Show Cause hard to write or to follow?

 

 

Expert:  Lawyer Lori replied 3 years ago.
My apologies, I assumed that when you said mentally ill sister, you meant mentally disabled. Can you please clarify as to whether she is mentally ill or mentally/developmentally disabled?
Customer: replied 3 years ago.

she has a bipolar and schizoprenic disorder.

 

She refuses to take her pills, and had to be taken to the hospital by the police several times. We need guardianship so that we can get her better help.

 

She got sick with bipolar/schizophrenia when she was 37 years old.

 

Is article 81 difficult to obtain and follow. We really don't have any funds to be paying lawyers.

Expert:  Lawyer Lori replied 3 years ago.
Unfortunately, Article 81 guardianship is more difficult to obtain; however, if you have the support of her doctors it can be done. Also, if she were to consent it would be even easier.

I would like to refer you to this publication: http://ocfs.ny.gov/ohrd/materials/151670.pdf. Please review it, but don't get scared off, and take a look at the forms included within.

You really do not need an attorney, but if you are unsuccessful you may be able to file again later and with an attorney.

Good luck.

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