An Article 81 Guardianship Proceeding is the process by which the Court appoints someone to be the Guardian for an incapacitated individual. This proceeding can be necessary in instances where the incapacitated person has not executed a Power of Attorney and therefore nobody has the legal power to act on the incapacitated person’s behalf.
For example, Dad didn’t execute a Power of Attorney and unfortunately no longer has the ability to sign checks, make healthcare decisions, or manage his life the way he used to as a result of mental or physical incapacity. Say Dad needs Medicaid and is unable to sign the necessary documents- a guardianship proceeding may be necessary.
If you are concerned that a loved one is being taken advantage of or otherwise being neglected or exploited, you may not have the tools necessary to remedy it without a guardianship proceeding.