Before we delve into the statutory analysis of Article 81, we should first go over a few details about legal background that gave rise to the enactment of Article 81 in 1993. Only then will the reasons for New York’s creation of such a vast and unwieldy law became clear to us – – the end users of the law – – on behalf of our clients ...
The court has the power to appoint a guardian to make personal and financial decisions for a person under Article 81 of New York’s Mental Hygiene Law. The responsibilities of a guardian may vary, depending upon the situation, and can be designed to meet the specific needs of the individual. A guardian could be responsible for all legal ...
A guardian appointed to someone through Article 81 needs to ensure that the person they guard, so to speak, does not act in a way that harms themselves. Harm can be defined as damage to their bodies, property, or even their finances. In fact, mental incapacity will usually directly affect the handling of finances first and foremost, as the ...
EXAMPLE OF ARTICLE 81 CONSPIRACY INCIDENCE. In the trial of United States v. Walker, 39 M.J. 731 (N-M.C.M.R. 1994), the accused acted as lookout while associates were selling marijuana. The accused was deemed as co-conspirator as he was aware of his associates' criminal act and yet he remained involved in it and facilitated the completion of ...