When a loved one in Harlem, the Upper West Side, Midtown, or anywhere across Manhattan can no longer manage their personal or financial affairs, acting quickly matters. Morgan Legal Group guides families through every stage of the guardianship process — from the first conversation to the final court order and beyond.
Which Court Handles Your Case?
| Track | Governing Law | Manhattan Court |
|---|---|---|
| Incapacitated adult | MHL Article 81 | Supreme Court, New York County |
| Minor’s person or property | SCPA Article 17 | New York County Surrogate’s Court |
| Developmentally disabled person | SCPA Article 17-A | New York County Surrogate’s Court |
Adult Article 81 guardianship proceedings are filed in Supreme Court, New York County — not the Surrogate’s Court. Incapacity must be proven by clear and convincing evidence, and the court will appoint a Court Evaluator to investigate before any hearing.
Before any petition is filed, we explore alternatives to guardianship such as a Durable Power of Attorney (GOL § 5-1513), Health Care Proxy, or Supplemental Needs Trust. Courts require the least restrictive intervention sufficient to protect the individual.
Once appointed, a guardian must fulfill strict ongoing duties, including an initial report within 90 days and annual court filings.
Schedule Your Consultation
Russel Morgan, Esq. — Morgan Legal Group
Book a 30-minute consultation to discuss full guardianship options for your Manhattan family member.
Have a question about your estate?
Talk it through with Russel Morgan — free 30-minute consult.
Further reading from Morgan Legal Group: .