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At times, a loved one in our life makes decisions that are harmful. When those decisions rise to a level which causes substantial harm, pursuing an Article 81 Guardianship in the Supreme Court is an option.

An Article 81 Guardianship is a proceeding in Court where you can ask the Court to appoint someone to manage the property or personal decisions of another person. You must prove to a high likelihood (by “clear and convincing evidence”) that the person suffers a functional limitation, they do not understand their functional limitations, and that they have suffered personal or financial harm as a result.

Consider these scenarios:
  • Your spouse suffers an incapacitating brain injury and never appointed anyone to act as his or her power of attorney or health care agent in the event of disability.
  • Your father begins an online relationship with someone who obtains his financial information and begins stealing money from him.
  • Your sibling manipulates your mother into transferring all of her assets into the sibling’s name, while isolating your mother from anyone else in the family.
  • Your disabled child begins an inappropriate relationship with someone who is siphoning off her governmental benefits and incurring debt in her name.
  • Your mother becomes addicted to a scam (Jamaican lottery, Nigerian prince, English inheritance, etc.) and transfers large sums of money to strangers all over the world.
  • Your parents are no longer safe in their home, have stopped paying their bills, refuse to consider moving and refuse to allow help to enter the house.
We have helped many families through these difficult situations by instituting an Article 81 Guardianship proceeding to protect their loved one.

Thank you for “making it happen” with my father’s Medicaid.

- Barbara


Richard A. Kroll, Esq. has an active practice in the area of Estate Planning, Trusts, and Probate. He is a member of the...

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Private practice in Rochester, New York with the Kroll Law Firm since 2007, a group practice in Brighton, New York with emphasis on...

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Marcus's practice involves estate planning for all families, including LGBT couples, second marriages, and families who have members with...

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Richard A. Kroll
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