Whether a loved one in Harlem, Midtown, or the Upper West Side can no longer manage daily decisions, the appointment process depends on who needs protection and which court holds jurisdiction. Getting the court right from the start is the single most consequential step.
Which Court Hears the Appointment
| Situation | Statute | Manhattan Court |
|---|---|---|
| Adult who has lost capacity | MHL Article 81 | Supreme Court, New York County |
| Minor (person or property) | SCPA Article 17 | New York County Surrogate’s Court |
| Person with developmental/intellectual disability | SCPA Article 17-A | New York County Surrogate’s Court |
Adult Article 81 guardianship is never filed in Surrogate’s Court — a common and costly mistake in Manhattan proceedings.
How the Appointment Proceeds Under Article 81
A proceeding begins with an Order to Show Cause and Verified Petition filed in Supreme Court, New York County. The court then appoints a Court Evaluator to investigate and report. The alleged incapacitated person (AIP) has the right to attend the hearing, present evidence, and be represented by counsel.
The judge applies a clear and convincing evidence standard and may grant only the least restrictive powers actually needed — property management, personal-needs decisions, or both.
Before committing to a full guardianship proceeding, the court and counsel should evaluate alternatives such as a durable Power of Attorney under GOL § 5-1513, a Health Care Proxy, or a Supplemental Needs Trust.
Ready to map the right path for your Manhattan family? Schedule a consultation with Russel Morgan, Esq.
Morgan Legal Group serves families throughout Manhattan and the five boroughs.
Further reading from Morgan Legal Group: guardianship law in New York.