When a party petitions a court in New York for the appointment of a guardian of an alleged incapacitated person (AIP), Article 81 requires the court to appoint a court evaluator, typically from a list ...

Sometimes people going through divorce lack decision-making capacity. At times, the lack of decision-making capacity is the cause of the divorce. Other times, the incapacity occurred long before or ...

Much has been written about courts invalidating instruments or transactions after a person’s death. Courts invalidating instruments or transactions during a person’s lifetime is discussed less often.

The contrast is stark. With powers of attorney, you maintain control over who makes decisions and how they're made, all while ...

A recent report published in the Journal of the American Medical Association (2019), reviewed the statutes of 50 states and the District of Columbia governing treatment decisions for incapacitated ...