New York estate planning lawyer Seth Schlessel (https://www.schlessellaw.com/who-decides-if-a-long-island-resident-is-incapacitated/) of Schlessel PLLC has released a new article discussing the question of who decides if a New York resident is incapacitated. In the article, Schlessel provides insights into the legal framework for determining incapacity and the role of various parties in the process.
According to the New York estate planning lawyer, “incapacity” refers to a person’s inability to make decisions for themselves due to physical or mental impairment. In New York, the determination of incapacity is a legal process that involves several steps and may involve multiple parties.
“The question of who decides if a New York resident is incapacitated can be complex,” says the New York estate planning lawyer. “It can involve family members, healthcare professionals, and legal guardians, among others. The goal is to ensure that the incapacitated person’s interests are protected and their needs are met.”
Schlessel’s article explores the different ways that incapacity can be determined, including through the appointment of a guardian, a healthcare proxy, or a power of attorney. He also discusses the role of the courts in the process and the legal standards used to determine incapacity.
“The legal framework for determining incapacity is designed to balance the need to protect the incapacitated person with their right to autonomy and self-determination,” says Schlessel. “It’s important for anyone who may be involved in this process to understand their rights and responsibilities.”
The article also explains that when an incapacitated individual passes away, the guardianship established for their care and protection typically terminates. The steps to be taken after the incapacitated person’s death are usually outlined in a court order and judgment related to the guardianship, which are often based on the Mental Hygiene Law (MHL).
One of these steps, as stated in MHL 81.44 titled “Proceedings upon the death of an incapacitated person,” requires the guardian to notify the court examiner and the personal representative of the estate about the individual’s death within 20 days. Furthermore, the guardian has a period of 150 days to provide a statement of the person’s assets and transfer all guardianship property to the estate’s personal representative.
Schlessel’s article is a valuable resource for anyone who is concerned about the possibility of incapacity for themselves or a loved one. It provides an overview of the legal framework and practical advice for navigating the process.
Lastly, Schlessel emphasizes the importance of proactive planning for incapacity. “The best way to ensure that your wishes are respected and your interests are protected is to have a comprehensive estate plan in place,” he says. “This includes powers of attorney, healthcare proxies, and other legal documents that can provide guidance and support in the event of incapacity.”
About Schlessel PLLC:
Schlessel PLLC is a New York-based law firm that provides legal services in estate planning, elder law, and probate administration. The firm’s attorneys have extensive experience in helping clients protect their assets, plan for the future, and navigate complex legal issues. With a commitment to personalized service and practical solutions, Schlessel PLLC is dedicated to helping individuals and families achieve peace of mind and security.
Schlessel Law PLLC
34 Willis Ave Suite 300