When A Court Appoints A Guardian
Mental Hyg. Law § 81.02 — only the powers that are necessary, and the least restrictive form of intervention
Clear and convincing. A determination of incapacity is based on clear and convincing evidence that the person is likely to suffer harm because of inability to provide for personal needs or property management and cannot adequately understand and appreciate the consequences of that inability.
Only what is necessary. A guardian is granted only those powers necessary to provide for the person's personal needs or property management, appropriate to the individual, and constituting the least restrictive form of intervention.
Guardians for minors, emergency and temporary appointments, the guardian's duties and reports, and how a guardianship is ended or changed are set out in other sections and are not on this page. Whether a particular person needs a guardian is decided by a court on evidence, and is a question for a licensed New York attorney.
Sources for this section (1)
- Mental Hyg. Law § 81.02 — Power to appoint a guardian of the person and/or property; standard for appointment
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.