Invalidating Legal Documents and Transactions in Article 81 Guardianship Proceedings
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 is discussed less often. A mechanism for doing so is found in Article 81 of the Mental Hygiene Law (“MHL”), which governs 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 persons.