Kathleen A. Redalieu | Laidlaw & Simon

Mental Hygiene Law (MHL) Article 81 vs. Surrogate’s Court Procedure Act (SCPA)

Kathleen A. Redalieu — Tue, 25 Jul 2023 12:17:39 +0000

In New York State, there are two legal proceedings that deal with the appointment of a guardian for an individual who is deemed incapacitated. These proceedings are commenced either under Mental Hygiene Law (MHL) Article 81 or Surrogate’s Court Procedure Act (SCPA) 17-A. While both proceedings largely serve the same purpose, there are significant differences […]

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Individual Health Care Directives: The Differences Between DNRs, MOLST Form, and Living Wills

Kathleen A. Redalieu — Fri, 28 Oct 2022 18:16:24 +0000

For many people, it is not easy to think about the possibility of being incapacitated or in a terminal state. But if that were to happen, it is important that family members and loved ones know what your wishes are. Having your health care and end-of-life wishes documented and in place are not only important […]

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Using Article 81 Guardianship to Protect Spouses from Devastating Health Care Costs

Kathleen A. Redalieu — Mon, 06 Apr 2020 18:18:59 +0000

Article 81 of New York’s Mental Hygiene Law empowers the supreme court, after a hearing, to appoint a guardian to manage the personal and/ or financial affairs of a person who, due to incapacity or functional limitations, cannot manage on their own. However, Guardianship Orders are not one size fits all. Guardianship Orders must impose […]

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