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My mother has been visiting for two weeks I would like to…

Customer Question
My mother has been...

My mother has been visiting for two weeks I would like to have her mental health evaluated. She has neighbors at home who care for her and wants to stay in her home. Should I go up there and have a medical professional assess her.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

NY

Lawyer's Assistant: Has anything been filed or reported?

Yes with APS and this is the second time.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I live in NC. I have a sister up in NY that refuses to become involved again with her.

Submitted: 7 months ago.Category: Legal
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Answered in 3 minutes by:
11/30/2017
Lawyer: KLAW, Lawyer replied 7 months ago
KLAW
KLAW, Lawyer
Category: Legal
Satisfied Customers: 2,375
Experience: I have over 20 years of experience in commercial real estate law, finance, consumer credit, landlord tenant, and business law.
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Lawyer: KLAW, Lawyer replied 7 months ago

Hello and welcome to Just Answer. No attorney-client relationship or privilege is formed by speaking to an expert on this site, the answers are for general information. By continuing, you confirm that you understand and agree to these terms.

Yes, you should first have a medical doctor evaluate her and make any recommendations regarding a guardian. An If the MD determines that she needs further care, she can be declared as an incapacitated Person by the NYS Supreme Court. An AIP ) is someone who needs some help to care for themselves or manage their property or financial affairs. This kind of guardianship case is brought in Supreme Court or County Court under Article 81 of the Mental Hygiene Law.

If it is determined that she cannot care for herself you would need to file what is called an Article 81 Guardianship. This is very individualized and specific to what decisions are made by the guardian, which could be you, or another family member, not necessarily your sister, and what decisions are made by the person with the disability.

First 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.

If it is determined that a guardian is required, then you may be appointed to oversee her affairs.

In NYS Guardianship is a legal arrangement where a court gives you, the legal right to make decisions for your mother. A guardian can be appointed and have guardianship over different aspects of her, the ward's life:

· Guardian of the person. A guardian of the person can make life decisions for the ward like health care, education and welfare decisions.

· Guardian of the property. A guardian of the property handles decisions about the ward's money, investments and savings as directed by a Judge. A guardian of the property must file an annual report about the property.

· Guardian of the person and property. This kind of guardian has responsibility of both the ward's life decision and the ward's property.

I think a first good step is having the medical professional evaluate her and her ability care for herself, and based upon their recommendations, you should then consider filing a Guardianship action in Supreme Court in the county in which she resides.

I hope this helps.

It was a pleasure assisting you today, and I would appreciate if you would rate my service, so I will receive credit and payment for my work. After you rate the question you can ask follow up questions, and you will not be charged any additional money for the follow-up questions.

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Lawyer: KLAW, Lawyer replied 7 months ago
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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