Guardianship Proceedings
Mental Hygiene Law Article 81

Our firm has years of experience in guardianship proceedings pursuant to Mental Hygiene Law Article 81 and, in particular, a specialty in the context of contested guardianship proceedings. We have represented both petitioners and respondents in scores of cases from the routine to the most complex. While our focus is on advancing the interests of our clients, the nature of the guardianship proceedings requires us to also focus on the best interests of the subject of the proceeding, the alleged incapacitated person. Brian Heitner has successfully litigated dozens of contested guardianship matters.  He is well-known to the jurists and courts presiding over these specialized proceedings, as well as to the practicing guardianship bar, and our firm’s experience and superior knowledge have given us a reputation as highly regarded and sought after practitioners in this specialized field of law.

We also represent guardians once appointed in post-appointment proceedings. Applications made by guardians include authority to engage in Medicaid planning, permission to sell real property, authorization to settle personal injury or medical malpractice claims, annual and final account proceedings, and proceedings for the discovery and turnover of property belonging to, but improperly taken from, an incapacitated person.

Guardianship should be looked at as a course of last resort.  But, there are times that pursuit of a guardianship over a loved one is undeniably necessary.  Our experience allows us to make this difficult process more manageable for our clients.