Updated: October 1, 2010
The article focuses on the need for a well-drafted and executed power of attorney to delegate authority on behalf of an elderly or disabled person, and where none exists, the need to then commence a guardianship proceeding to obtain that same authority. Guardianships are expensive, time consuming, and, in many cases, difficult to win. Two case studies present unique issues of law within the scope of the Mental Hygiene laws, the statutes that govern most aspects of the guardianship proceeding.