- 1). File a petition to the court to appoint a guardian under Section 81 of the New York Code, Procedure for Appointment of a Guardian for Personal Needs or Property Management. The court will submit an Order to Show Cause, an evaluator will be assigned, and a court date will be set.
- 2). Provide proof of the individuals incapacity to properly care for themselves or of their incapacitation to the evaluator. Proof will need to be specific as to what kind of care is necessary and why the individual is unable to or will not provide the care for themselves.
- 3). Appear before the court to present your case. All involved parties should be present for the hearing. The court evaluator will also present their findings and make a recommendation to the court as to who should be appointed guardian and over what aspects of the individual's care.
- 4). Prepare to counter any arguments by the allegedly incapacitated person or family members that may arise. The burden of proof lies with the petitioner entirely.
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