How to Win an Article 81 Guardianship Case in New York
If you’re petitioning for an Article 81 Guardianship in New York, you may be wondering how to increase your chances of success. Whether you’re trying to gain guardianship over an elderly parent, a disabled relative, or a loved one who can no longer manage their own affairs, the court requires strong evidence before granting legal authority.
This guide explains how to build a strong case, what judges look for, and how to handle challenges from other family members.
What the Court Looks for in an Article 81 Guardianship Case
New York courts do not grant guardianship lightly. Judges will only approve a petition if they determine that the person truly needs assistance and that the petitioner is a responsible choice for the role.
1. Proof That Guardianship Is Necessary
✔ The individual cannot manage their own finances (e.g., unpaid bills, financial exploitation)
✔ They cannot make sound medical decisions due to dementia, illness, or disability
✔ No Power of Attorney or Healthcare Proxy exists
✔ Other family members or professionals agree that guardianship is needed
2. The Right Guardian for the Role
✔ The petitioner is responsible, financially stable, and trustworthy
✔ They have a good relationship with the incapacitated person
✔ They do not have a history of legal issues or financial mismanagement
Steps to Strengthen Your Article 81 Guardianship Case
1. Gather Strong Medical Evidence
Get doctor’s statements and medical records proving incapacity
Request a neuropsychological evaluation if dementia is involved
2. Show Financial Need for Guardianship
Provide bank statements, unpaid bills, or financial exploitation evidence
Get a statement from a financial professional if assets need protection
3. Prepare Witnesses for the Hearing
Family members, doctors, or caretakers who can attest to incapacity
Any other professionals (social workers, financial advisors)
4. Have a Guardianship Lawyer Represent You
A lawyer can ensure all documents are in order
They will argue against objections from other family members
What If Another Family Member Contests the Guardianship?
If another family member objects, the judge will evaluate:
✔ Whether another person is more qualified
✔ If the petitioner has any conflicts of interest
✔ Whether the incapacitated person has different preferences
📌 Tip: A lawyer can help prove you are the best choice and handle any disputes.
Need Help Winning an Article 81 Guardianship Case?
Filing for guardianship can be stressful and complicated, but you don’t have to handle it alone. Our experienced guardianship lawyers help clients in Brooklyn, Bensonhurst, and Gravesend through every step of the process.
📞 Call or email us today for a consultation: 347-692-0222 | 7622LAW@gmail.com