Anyone who believes another person no longer has the capacity to manage his or her own
personal or business affairs may bring an action in Supreme Court for the appointment
of a guardian. Such actions are often brought by family or friends of the alleged
incapacitated person. Sometimes they are brought by a nursing home, social services
agency, landlord, etc.
After very careful evaluation of the evidence, the court may appoint a
guardian to look after the alleged incapacitated person. A guardian may be guardian
"of the property," to handle the person's financial affairs, guardian
"of the person," to look after health and personal well-being, or guardian
"of the person and property." The court remains permanently involved
in all guardianships, requiring detailed annual reports which are reviewed by outside
examiners as well as by the court.