Major Legal Obstacles Face Amanda Bynes' Parents In Effort To Get Conservatorship Or Guardianship Over Their Daughter
May 31 2013, Published 7:06 a.m. ET
Amanda Bynes' parents face significant legal obstacles if they decide to pursue a conservatorship/guardianship for the troubled actress, and her recent move to New York City has thrown a huge wrench into the process, Breaking Celebrity News is exclusively reporting.
Rick and Lynn Bynes' ongoing efforts to corral their wayward daughter is further muddled by regional elements, as they would be seeking a conservatorship in California (a la Britney Spears), while in New York, they would be seeking a guardianship -- which sources tell Breaking Celebrity News is easier said than done on the East Coast.
"Amanda's parents have been told it's much harder for them to get guardianship of their adult daughter in New York than if they were to have the proceedings take place in California," sources told Breaking Celebrity News. "Under New York law, Amanda could have the option of having a jury of her peers decide if she was in need of having her parents take control of her life. In the California courts, a judge signs off on the conservatorship.
"The thought of having a public jury trial to determine if Amanda is unable to take care of herself -- and the media firestorm that would ensue -- gives her parents cause for concern."
Under the New York state Mental Hygiene Law Article, 81, a family member typically files to be appointment as the guardian, and the person in need of it is called an "Alleged Incapacitated Person," until a court evaluator meets with the AIG. While the petition is pending, the judge can appoint, on a temporary status, a guardian who can be given authority over the person's needs and fiances.