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Bret Cahn's article, "Invalidating Legal Documents and Transactions in Article 81 Guardianship Proceedings," was recently featured in the New York State Bar Association's Elder and Special Needs Law Journal.
In this piece, Bret offers a clear and practical overview of the legal process for invalidating documents and transactions within Article 81 guardianship proceedings. His analysis serves as a valuable resource for practitioners seeking to revoke instruments such as powers of attorney or deeds in cases involving misuse or fraud.
From the article:
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 are less often examined. A mechanism for doing so is found in Article 81 of the Mental Hygiene Law (MHL), which gov[1]erns proceedings to appoint a guardian for an alleged incapacitated person's (AIP) personal needs or property management. This article examines how courts use MHL § 81.29(d) to protect incapacitated people.
MHL § 81.29(d) grants the court with the discretion to "modify, amend, or revoke" various legal documents or trans[1]actions of an incapacitated person if they were executed or effectuated during that person's incapacity (MHL § 81.29[d]). This provision covers numerous legal documents and trans[1]actions, with one significant exception: the statute specifies that the court cannot revoke a will or codicil while the incapacitated person is alive.
Read the article on the NYSBA website here (NYSBA membership required): Elder Law and Special Needs Law Journal: Vol. 35 No. 2 – New York State Bar Association
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
