New York City Guardianship Attorney

By Albert Goodwin, Esq., Law Offices of Albert Goodwin, admitted to practice in New York. Last updated: June 2024.

Our firm represents petitioners, alleged incapacitated persons, proposed guardians, and court-appointed guardians in guardianship proceedings throughout New York City — New York County (Manhattan), Kings County (Brooklyn), Queens County, Bronx County, and Richmond County (Staten Island). Guardianship is one of the most consequential legal interventions in a person's life, because it can transfer authority over another adult's finances, medical decisions, and living arrangements to a court-appointed guardian. The pages below address how guardianship works in the New York City courts, who can petition, what it costs, how long it takes, and how to oppose a petition that should not be granted.

The Three Categories of Guardianship in New York

New York does not have a single guardianship statute. There are three distinct frameworks, each with its own governing law and its own court practice.

Article 81 of the Mental Hygiene Law governs guardianship of adults who can no longer manage their personal needs or property because of age, illness, injury, or disability. Article 81 (MHL §§ 81.01–81.43) is built around a “functional” standard: the court examines what specific things the person can and cannot do, and grants the guardian only the powers needed to fill the gaps. In New York City, Article 81 petitions are filed in the Supreme Court of the borough where the alleged incapacitated person (AIP) resides, and each borough's Supreme Court maintains a dedicated Guardianship Part that hears these matters.

SCPA Article 17 governs guardianship of minors and is heard in Surrogate's Court. It is most often used to manage an inheritance or personal-injury settlement payable to a child, or to appoint a standby or substitute guardian when a parent cannot act.

SCPA Article 17-A governs guardianship of adults with intellectual or developmental disabilities or traumatic brain injury, and is also heard in Surrogate's Court. Unlike Article 81's narrowly tailored powers, Article 17-A creates a broader, plenary guardianship and is most commonly sought by parents of a disabled child approaching age 18, supported by certifications from two physicians or one physician and one psychologist.

For help deciding which framework fits your circumstances, see which NYC guardianship is right for me and the types of guardians in New York.

Where Guardianship Cases Are Heard in New York City

One of the most practical things to understand about a New York City guardianship is which court will hear it. The five boroughs handle these cases as follows:

• Article 81 (incapacitated adults) — filed in Supreme Court in the borough of the AIP's residence: New York County (60 Centre Street), Kings County (360 Adams Street), Queens County (Sutphin Boulevard, Jamaica), Bronx County (Grand Concourse), and Richmond County (Staten Island).
• SCPA Article 17 and 17-A — filed in the Surrogate's Court of the relevant county.

Article 81 cases routinely involve fiduciary appointments from the court's Part 36 list — the panel of court-approved attorneys eligible to serve as court evaluators, counsel for the AIP, guardians, and court examiners. Familiarity with the Guardianship Part practices and Part 36 appointments in each borough is part of moving a case efficiently.

Who Can Petition for Guardianship

Under MHL § 81.06, an Article 81 petition may be brought by the AIP themselves, a spouse, an adult child, a parent or sibling, certain other relatives, a person with whom the AIP resides, the chief executive officer of a facility where the AIP is a patient or resident, or a social services or mental hygiene official. The petitioner must allege the AIP's functional limitations with specificity and propose a guardian with defined authority — not simply a general request to “take over” the person's affairs.

The Article 81 Process, Step by Step

The Article 81 proceeding begins with a verified petition and an order to show cause that sets a hearing date, typically within 28 days under MHL § 81.07. The court appoints a court evaluator — usually a Part 36 attorney — to independently investigate, and the AIP is entitled to counsel, who may be court-appointed if the AIP has not retained their own.

The court evaluator interviews the AIP, the petitioner, the proposed guardian, family members, and treating providers, and files a report addressing the AIP's functional abilities, the appropriateness of the proposed guardian, and the recommended scope of authority. At the hearing the court decides three questions: whether the AIP is incapacitated, whether a guardian is necessary, and exactly which personal-needs and property-management powers the guardian should hold.

If guardianship is granted, the court issues findings and a judgment, and the guardian qualifies by filing a designation, taking an oath, and (for property guardians) posting a bond in an amount the court sets based on the value of the assets under management.

Contested vs. Uncontested Proceedings and Timeline

An uncontested Article 81 case — where the AIP and family do not oppose — often concludes within roughly two to four months from filing, depending on the borough's calendar and how quickly the court evaluator completes the report. A contested case — where the AIP opposes, multiple family members compete for appointment, or the existence of incapacity is genuinely disputed — can take many months and may require a multi-day evidentiary hearing with expert testimony.

What It Costs

Guardianship costs vary with the borough and the complexity of the case. Components typically include the court filing fee, the fees of the court evaluator and any court-appointed counsel for the AIP (set by the court and often paid from the AIP's assets), the guardian's bond premium, and attorney's fees. An uncontested matter generally costs significantly less than a contested one, where evaluator fees, expert costs, and litigation time accumulate. We provide a written estimate after reviewing the specifics of a case. For guardian compensation after appointment, see how much guardians receive in commissions, which are calculated under MHL § 81.28 (often by reference to the SCPA commission schedule for receiving and paying out funds).

What Happens to an Existing Power of Attorney

A frequent question is whether a guardianship overrides a previously executed power of attorney or health care proxy. It can. Under MHL § 81.29, when the court appoints a guardian it has the power to modify, amend, or revoke any previously executed appointment, power, or delegation — including a power of attorney — if it finds the instrument was made while the person was incapacitated or was procured through fraud or undue influence. This is one reason guardianship is sometimes the right tool to interrupt financial exploitation that an abuser carried out using a power of attorney. For a related discussion, see our pages on preventing financial abuse of seniors and a power of attorney being abused.

The Least Restrictive Alternative

A guiding principle of Article 81 (MHL § 81.02) is the least restrictive alternative. The court should not impose guardianship if a less intrusive arrangement can meet the person's needs. Durable powers of attorney, health care proxies, supported decision-making, money-management and representative-payee services, supervised banking, and informal family arrangements can all serve as alternatives. In contested cases, counsel for an AIP often defeats a petition by showing that valid planning documents and competent family support already meet the person's needs, leaving no clear necessity for a court-imposed guardian.

Recurring Scenarios We Handle

• An elderly parent declining cognitively who is missing bills, falling for scams, or forgetting medications, where an adult child needs legal authority to step in.
• Financial exploitation by a caregiver, relative, or new acquaintance who is draining accounts or pressuring the person to sign documents.
• Family disputes in which adult siblings disagree about who should care for and manage the affairs of an incapacitated parent.
• A minor's settlement or inheritance that must be managed under SCPA Article 17, often through a structured settlement or court-supervised account.
• A disabled child turning 18, where parents file under SCPA Article 17-A to preserve legal authority and continuity of care.

For guidance on when intervention is appropriate, see how to tell when it is time to start a guardianship.

Court Supervision After Appointment

Appointment is the beginning, not the end. An Article 81 property guardian must file an initial inventory and report within 90 days, an annual report by May 31 each year, and a final report when the guardianship terminates (MHL §§ 81.30–81.33). A court examiner reviews each annual report. Guardians who fail to file timely reports, or whose reports reveal missing assets or self-dealing, face removal and possible surcharge. For the guardian's ongoing duties, see the responsibilities of a guardian, what a guardian of the person does, and what a guardian of the property does.

Defending Against a Guardianship Petition

Not every petition should be granted. Some are well-intentioned but mistaken about the person's capacity; others are opportunistic attempts to control a relative's finances. The AIP has the right to oppose, to be present at the hearing, and to have counsel. Defense strategies include demonstrating preserved capacity through medical and lay testimony, identifying less restrictive alternatives already in place, challenging the proposed guardian's fitness or conflict of interest, and where appropriate proposing a neutral or more suitable guardian. We represent AIPs and objectants in this work — see how to defend against a guardianship for a focused discussion.

Frequently Asked Questions

Which court hears guardianship cases in New York City?
Article 81 cases for incapacitated adults are filed in the Supreme Court Guardianship Part of the borough where the person resides. SCPA Article 17 (minors) and 17-A (developmentally disabled adults) cases are filed in Surrogate's Court.

How long does a New York City guardianship take?
An uncontested Article 81 case often resolves in roughly two to four months. A contested case can take many months and may require an evidentiary hearing.

Does guardianship cancel a power of attorney?
It can. Under MHL § 81.29 the court may modify or revoke a prior power of attorney, particularly where the instrument was executed during incapacity or procured by fraud or undue influence.

Who can file a guardianship petition?
Under MHL § 81.06, the AIP, a spouse, adult child, parent, sibling, certain other relatives, a co-resident, the executive of a facility caring for the person, or a public official.

How are guardian commissions calculated?
Article 81 property-guardian commissions are set by the court under MHL § 81.28, frequently by reference to the SCPA fiduciary commission schedule for funds received and paid out.

Speak With a New York City Guardianship Attorney

Whether you are seeking guardianship of a family member in Manhattan, Brooklyn, Queens, the Bronx, or Staten Island, defending against a petition you believe should not be granted, or serving as a court-appointed guardian, this work calls for an attorney who knows the New York City Guardianship Parts and the governing statutes. Contact the Law Offices of Albert Goodwin at 212-233-1233 or by email at [email protected] to discuss your situation.

This page provides general information about New York guardianship law and is not legal advice. Guardianship outcomes depend on the specific facts of each case and the discretion of the court. No result is guaranteed.