When a loved one in Manhattan — whether in Midtown, Washington Heights, or the Lower East Side — can no longer manage their personal needs or finances, the court may appoint a full guardian. Understanding which court handles each track, and what “full” authority actually means, is essential before filing.
Which Court Handles Your Case?
| Situation | Governing Law | Court |
|---|---|---|
| Adult who cannot manage personal needs or property | MHL Article 81 | Supreme Court, New York County |
| Minor’s person or property | SCPA Article 17 | New York County Surrogate’s Court |
| Developmentally/intellectually disabled person (often turning 18) | SCPA Article 17-A | New York County Surrogate’s Court |
Adult guardianship under MHL Article 81 is heard exclusively in Supreme Court, New York County — not the Surrogate’s Court.
What “Full” Guardianship Means Under Article 81
A full guardian holds authority over both personal needs (healthcare, residence, travel) and property management (finances, assets, contracts). Courts grant this combined authority only when clear and convincing evidence shows the alleged incapacitated person (AIP) cannot manage either area and faces likely harm as a result.
Even then, the court must fashion the least restrictive intervention tailored to the AIP’s actual deficits — not a blank grant of control. Learn more about guardian duties.
The Appointment Process
- Order to Show Cause + Verified Petition filed in Supreme Court, New York County
- Court appoints a Court Evaluator (and often independent counsel for the AIP)
- The AIP has the right to attend the hearing and contest the petition
- If granted, the guardian files an initial report within 90 days and annual reports thereafter, and must visit the incapacitated person at least 4 times per year
See our Article 81 guardianship overview and guardianship of minors pages for track-specific detail.
Alternatives the Court Will Expect You to Have Considered
Manhattan’s Supreme Court expects petitioners to demonstrate that less restrictive measures are inadequate. Common alternatives include a Durable Power of Attorney (GOL §5-1513), Health Care Proxy, Living Trust, or Supplemental Needs Trust. Explore our alternatives to guardianship page before filing.
For contested proceedings, see contested guardianship.
Morgan Legal Group — Russel Morgan, Esq. — represents petitioners and respondents in full guardianship proceedings throughout Manhattan.
Schedule a consultation with Russel Morgan
Further reading from Morgan Legal Group: New York elder-law planning.