Learning to Use an Alternative to Full Guardianship: The “One-Shot” Provision in Article 81
Preserving Rights and Ensuring Access to Needed Services
When individuals are unable to direct their own care, advocates for patients—attorneys, social workers, and court personnel—are often not aware of all the existing legal options to provide needed services. It’s important to preserve the rights of vulnerable adults while ensuring their timely access to necessary health treatment.
The Brookdale Center for Healthy Aging has developed a manual and a training video to offer practical guidance for lawyers on applying a little-known provision of New York State guardianship law, MHL 81.16(b), to streamline assistance for individuals who need support while retaining their autonomy and dignity.
In the video, Judge Kristin Booth Glen, director of Supported Decision-Making New York and dean emerita of the CUNY School of Law, explains the advantages of a “one-shot” proceeding instead of a full guardianship, including when it can be used and how to use it.
Video (54 minutes)
PowerPoint slides from the video
The accompanying manual makes the case for Article 81.16(b) of the New York State Mental Hygiene Law in more detail and provides much more information on how to use it. The manual also features four hypothetical situations and provides examples of the relevant pleadings in those cases.
At present, CLE credits are not available for this training. This page will be updated when credits are available.
Brookdale’s partners in this effort are Judge Glen and the New York Legal Assistance Group, a nonprofit provider of legal services and financial counseling. This work is supported by a grant from the Mother Cabrini Health Foundation.