Allen Federman


conservator, guardianship, elderly, trustee, fiduciary, incompotent, partially incompotent, substantially impaired


The Article presents a general introduction to the concept of conservatorship, which is utilized to protect and care for the assets of impaired, but not adjudicated as incompetent, individuals. The Article gives an overview of the legislative history leading to the enactment of Article 77 of the New York Mental Hygiene Law and it explores some of the alternatives to conservatorship by discussing the benefits and disadvantages that the alternative processes provide to the impaired individual, the conservatee. The Article also discusses the role the conservator plays in the appointment and termination processes, how the conservator goes about marshaling the conservatee's assets and how attorney's fees should be managed.

Included in

Elder Law Commons



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