81.21 (e) Findings (Transfers Of Incapacitated Persons Property)

81.21 (e) FINDINGS (TRANSFERS OF INCAPACITATED PERSON’S PROPERTY). This form is used in New York Article 81 guardianship proceedings to record the court’s required findings before authorizing a transfer, sale, or disposition of an incapacitated person’s property. Under Section 81.21(e) of the Mental Hygiene Law, the court must determine that the individual either lacks the mental capacity to perform the act or, if competent, consents to the proposed transfer. The findings further confirm that a reasonable and competent person in similar circumstances would likely make the same decision, and that the incapacitated person has not previously expressed an inconsistent intent—or, if such intent was expressed, would likely have changed it under current conditions. www.FormsWorkflow.com