Guardianship is a court-supervised arrangement in which someone is appointed to make personal and financial decisions for a person who cannot make them independently. In New York, the main statutes are Article 81 of the Mental Hygiene Law (MHL) for incapacitated adults and Article 17-A of the Surrogate’s Court Procedure Act (SCPA) for minors and disabled youth.
The guides below cover how the guardianship process works, alternatives that may be less restrictive, standby guardianship for parents, and the ongoing duties and responsibilities of appointed guardians.
Guardianship Articles
How to File for Guardianship in New York: Step by Step
Learn how to file for guardianship in New York under MHL Article 81. Complete guide to the petition process, documents, costs, and timeline.
Alternatives to Guardianship in New York
Explore less restrictive alternatives to guardianship in New York: power of attorney, health care proxy, trusts, supported decision-making, and other options for managing incapacity.
Article 81 Guardianship in New York: A Complete Guide
Article 81 guardianship in New York: the petition process, functional limitations, guardian powers, and Westchester County court procedures.
Guardian Responsibilities and Duties Under New York Law
Complete guide to guardian duties in New York. Learn about property management, personal care duties, reporting requirements, court oversight, and liability under MHL 81.
Guardianship for a Disabled Adult Child in New York
Guide to guardianship for disabled adults in New York. Learn about the transition at age 18, Article 81 vs. SCPA Article 17-A guardianship, and alternatives for disabled children.
Standby Guardianship in New York: Planning for Your Child's Future
Learn about standby guardianship under NY SCPA 1726. Guidance for parents with serious illness who want to plan for their child's care if they become unable to parent.
Need Help with Guardianship?
Speak with a Westchester County attorney about your specific situation.