Law Firm of Daniel J. Reiter, Esq.

12/31/2025

Richmond County Surrogate’s Court requires that a petition to extend the time to file a renunciation pursuant to EPTL § 2-1.11(c)(2) include the amount being renounced in order that the Court can determine the proper filing fee. Read more on my blog at

Petition to Extend Time to File Renunciation in Richmond County Surrogate’s Court Must Include Amount Being Renounced to Determine Filing Fee Posted on December 31, 2025 Richmond County Surrogate’s Court requires that a petition to extend the time to file a renunciation pursuant to EPTL § 2-1.1...

04/23/2024

https://www.adultguardianshiplawblog.com/2024/04/family-fighting-makes-it-hard-but-not-impossible-to-be-appointed-guardian/

10/30/2022

https://www.adultguardianshiplawblog.com/2022/10/choosing-the-place-of-abode-the-power-to-determine-where-an-incapacitated-person-lives/

Article 81 guardians are often given broad powers over an Incapacitated Person’s life. One of the more challenging decisions many guardians face is

10/26/2021

A guardian in New York cannot force a person to take psychiatric medication against their will unless very strict legal processes are followed, which includes approval from a judge.

This post discusses how to legally compel a person to take psychiatric medication both inside and outside the context of guardianship so that guardians in New York are aware of the tools at their disposal.

A guardian in New York cannot force a person to take psychiatric medication against their will unless very strict legal processes are followed, which

07/09/2021

Two United States Senators last week called on the heads of two federal agencies to provide data and information on adult guardianship and conservatorships, as the media directs national attention to the controversial conservatorship of pop superstar Britney Spears. But there are three requests that caught my eye: (1) type of guardianship (limited or plenary); (2) reporting; and (3) alternatives like supported decision making.

Two United States Senators last week called on the heads of two federal agencies to provide data and information on adult guardianship and

04/30/2021

The New York County Clerk’s Office is now, for the most part, closed on Wednesdays. But not necessarily for guardianship attorneys. I recently attempted (successfully) to have my court runner file an interim motion in an Article 81 proceeding in New York County on a Wednesday. It can be done!

The New York County Clerk's Office is now, for the most part, closed on Wednesdays. But not necessarily for guardianship attorneys. I recently attempted

04/13/2021

Bringing suit against a person for whom a guardian has been appointed isn’t for the faint of heart.

A person seeking to litigate against a guardian in its representative capacity, or a judicially declared incapacitated person (“IP”), cannot proceed without permission from the court which appointed the guardian.

Bringing suit against a person for whom a guardian has been appointed isn’t for the faint of heart. A person seeking to litigate against a guardian in

03/23/2021

I recently filed an Order to Show Cause in Kings County (Brooklyn) with a Petition commencing a guardianship proceeding pursuant to Article 81 of the Mental Hygiene Law.

I used the same form and format as I have in the past, which had never been rejected (until now).

I recently filed an Order to Show Cause in Kings County (Brooklyn) with a Petition commencing a guardianship proceeding pursuant to Article 81 of the

02/16/2021

Great article about why you should think twice before agreeing to be an executor and what it takes to administer an estate.

Settling an estate typically involves tracking down and appraising assets, paying bills and creditors, filing final tax returns and distributing whatever’s left to the heirs. At best, the process is time-consuming. At worst, it takes hundreds of hours, exposes you to lawsuits and thrusts you into ...

02/05/2021

https://www.adultguardianshiplawblog.com/2021/02/email-queens-guardianship-office-after-e-filing/

The Queens County Guardianship Office does not receive an alert when practitioners file papers via NYSCEF in Mental Hygiene Law Article 81 cases.

02/05/2021

https://www.adultguardianshiplawblog.com/2021/02/new-york-county-stips-to-convert-to-e-filing-must-be-so-ordered-before-being-filed-with-clerk/

The New York County Clerk's office now requires that all Stipulations and Consents to E-Filing in Mental Hygiene Law Article 81 guardianship cases must be