Douglas K. Stern and Jamie Rosen, both Partners in the Mental Health Law practice at Abrams Fensterman, developed a resource relevant for guardianship practitioners working with incapacitated persons in guardianship court. Stern and Rosen discuss how the Article 81 guardian role is unique and nuanced when the ward is admitted for inpatient psychiatric care. In their analysis, they also provide insight into Mental Hygiene Law Article 9, and the steps that a guardian can take to gain insight into the incapacitated person’s history of mental illness and manage their ward in a hospital and court setting.
Douglas K. Stern has over twenty-five years of experience in the field of mental health, criminal and elder law. Mr. Stern has a breadth and depth of knowledge relating to criminal, mental health and elder law issues and has lectured extensively on various topics including psychiatry and the law, trial advocacy, select disability and elder law issues.
Jamie Rosen focuses her practice on Mental Health Law and Elder Law, helping individuals and families navigate the complicated legal and mental health systems. Ms. Rosen handles Article 81 guardianship proceedings, involuntary psychiatric treatment and retention hearings, Kendra’s Law applications (Assisted Outpatient Treatment), mental health warrants and Family Court Orders of Protection matters, as well as other civil litigation and negotiation specific to mental health and/or substance abuse issues.