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 ...

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 ...

There is often confusion regarding mental capacity in the legal context. This is true not only for families but even for experienced legal professionals. Additionally, litigating issues of mental ...

An incapacitated person cannot enter into a consent order declaring him to be incapacitated nor can he consent to the appointment of a plenary guardian; where the petitioner claimed that he had ...