In a Manhattan adult guardianship case, a court evaluator is the neutral, court-appointed investigator who serves as the eyes and ears of the judge. When a petition is filed in the Supreme Court, New York County under Article 81 of the New York Mental Hygiene Law (MHL), the court appoints this independent person to meet the alleged incapacitated person (AIP),
To become guardian of an aging parent in Manhattan, you must file a petition for adult guardianship under New York Mental Hygiene Law (MHL) Article 81 in the Supreme Court, New York County — not the Surrogate’s Court. You commence the case with an Order to Show Cause and a Verified Petition, the court appoints a Court Evaluator to investigate,
The honest answer is that an Article 81 guardianship in Manhattan typically costs several thousand to many thousands of dollars when you add up attorney fees, the court-appointed court evaluator, and ongoing administration — but the precise total depends almost entirely on whether the case is uncontested or contested, how complex the alleged incapacitated person’s (AIP’s) finances and care needs
In Manhattan, the right way to obtain guardianship of a disabled adult child is most often through SCPA Article 17-A, a special guardianship designed for individuals with an intellectual or developmental disability. This proceeding is filed in the New York County Surrogate’s Court — not the Supreme Court — and it allows a parent or other qualified person to make
If your Manhattan loved one can no longer manage their finances or personal needs, you face a clear choice: an Article 81 guardianship, decided in the Supreme Court of New York County, or a durable power of attorney signed voluntarily under the General Obligations Law. The short answer is this — a power of attorney is the faster, cheaper, less
In New York County (Manhattan), an uncontested Article 81 guardianship typically takes roughly two to four months from the day the petition is filed in the Supreme Court to the day the court signs the order and commission appointing a guardian. Straightforward cases that involve a clearly incapacitated person, cooperative family members, and a fully documented petition can move on
Guardianship of a minor in Manhattan is the legal process by which the New York County Surrogate’s Court appoints an adult to make decisions for, and manage the property of, a child under the age of 18 under SCPA Article 17. When a child’s parents have died, are unavailable, or cannot manage money or assets the child has received —
In Manhattan, the difference comes down to what the guardian is empowered to decide: a guardian of the person makes decisions about an incapacitated individual’s personal and medical needs — where they live, their health care, their daily care and safety — while a guardian of the property manages that individual’s financial affairs, including bank accounts, income, bills, benefits, and
If a guardianship petition has been filed against you or a family member in Manhattan, you can contest it — and you have powerful legal rights to do so. In an adult incapacity proceeding under Mental Hygiene Law (MHL) Article 81, the person the petition is brought against is called the alleged incapacitated person (AIP). The AIP has the right
An Article 81 guardianship in Manhattan is a court proceeding under New York’s Mental Hygiene Law (MHL) Article 81, filed in the Supreme Court, New York County, in which a judge decides whether an adult who can no longer manage personal needs or financial affairs requires a guardian — and, if so, appoints one with powers carefully tailored to that
If your loved one is struggling to manage their finances or health care decisions, you do not always need to file for guardianship. In fact, New York courts strongly prefer that families explore less restrictive alternatives first — tools like a durable Power of Attorney, a Health Care Proxy, a living trust, a supplemental needs trust, and supported decision-making. Under