Gregory Lendino Gregory Lendino

Can Guardianship Be Used in a Divorce When a Spouse Is Incapacitated?

When one spouse is incapacitated, a New York divorce cannot proceed without court-appointed representation. This article explains how Article 81 guardianships are used during divorce to protect an incapacitated spouse’s rights, manage assets, and allow the case to move forward lawfully and fairly.

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Gregory Lendino Gregory Lendino

Can a Non-New Yorker File for Guardianship in New York?

You do not need to live in New York to petition for guardianship here. Under Mental Hygiene Law Article 81, out-of-state family members can seek guardianship of a loved one who lives or owns property in New York. This article explains who can file, where the case is heard, what proof is required, and when New York courts prefer a local guardian.

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Article 81, Guardianships Gregory Lendino Article 81, Guardianships Gregory Lendino

Does New York Recognize Guardianships from Other States—or Foreign Countries Like Italy?

New York does not automatically recognize foreign guardianships—including Italian court orders like the amministratore di sostegno. If you need a foreign or out-of-state guardianship to have legal effect in NY, you must follow a specific Article 81 process. This guide explains how recognition works, what documents you need, and how to gain authority over assets or medical decisions in New York.

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