[NY] How can an I obtain emergency guardianship in for my homeless, incapacitated sibling in the ICU?

Lexi, Chatbot

I’m sorry to hear about your brother’s situation; it must be difficult for you. Have you discussed the idea of a Power of Attorney with him?

Lexi, Chatbot

Is your brother currently able to make decisions regarding his own care and finances?

Dan

Hello. My name is Daniel, and I’ve been a licensed attorney for over 22 years. I’m sorry you’re dealing with this situation, and I’ll do everything I can to help.

You mentioned your brother is in ICU and you're considering becoming his Power of Attorney. Is that right?

Dan

Besides what you mentioned, what have you tried so far to resolve this?

Dan

Thank you for clarifying that. That’s very helpful and gives me a much better understanding. I’m putting together your answer and I expect to have it to you very shortly.

Dan

New York offers an emergency process under Article 81 of the Mental Hygiene Law to petition for temporary guardianship when someone like your brother—hospitalized, homeless, and potentially incapacitated—faces immediate harm without intervention. This is the appropriate path since he lacks capacity for a voluntary Power of Attorney and no prior documents exist. Out-of-state relatives like you from Texas can petition, but you'll need a New York attorney due to court filing complexities.

File a Verified Petition and Order to Show Cause in the New York Supreme Court of the county where your brother resides or is hospitalized, detailing his incapacity (e.g., ICU status, homelessness, SSI reliance, mental instability), specific risks (medical decisions, finances), and requested powers (healthcare, property management). Request temporary relief immediately; the court can appoint a temporary guardian pending a full hearing, potentially authorizing medical care and hospital actions without his signature.

The judge appoints a court evaluator (e.g., physician, social worker) to assess him, with notice to relatives and the hospital social worker.

Guardianship does not automatically control SSI. Separately apply to SSA as Representative Payee after appointment, providing court letters proving incapacity. As guardian, manage his benefits to preserve eligibility (under the $2,000 asset limit). Hospital discharge planning may coordinate this.

Dan

So that answer is yes. Thank you so much for your information. I will go ahead and plan for a NY Judge to help me.

Dan

Yes, precisely right. I just want to make sure everything is clear and that you’re comfortable with the information I’ve provided. Is there anything you’d like me to clarify or any other questions you’d like to ask? If everything makes sense, you can simply reply “all clear.”

Dan

Thank you very much for sharing your questions with me. I appreciate the opportunity to assist you and am glad you reached out. If you have any other questions now or in the future, I’m here for you seven days a week. It’s been a pleasure helping you today.

Take care,
Dan