A court evaluator is the neutral fact-finder the judge appoints in a Manhattan adult guardianship case to investigate the facts and report back to the court on whether a guardian is truly needed. In a New York adult guardianship proceeding under Article 81 of the Mental Hygiene Law, the court evaluator is not on anyone’s “side” — not the petitioner’s
To become the guardian of an aging parent in Manhattan, you must file an Article 81 guardianship petition under New York’s Mental Hygiene Law (MHL) in the Supreme Court, New York County — the court that hears guardianship matters for incapacitated adults who reside in Manhattan. You commence the case with an Order to Show Cause and a Verified Petition
The honest answer is that an Article 81 guardianship in Manhattan does not have a single fixed price — the total cost depends on how contested the case is, whether a court evaluator and separate counsel for the alleged incapacitated person are appointed, whether a bond is required, and how much ongoing administration the guardianship demands. For a straightforward, uncontested
If your child has an intellectual or developmental disability and is approaching (or has already reached) age 18, the legal tool you are most likely looking for in Manhattan is a guardianship under Article 17-A of the New York Surrogate’s Court Procedure Act (SCPA), filed in the New York County Surrogate’s Court. On a child’s 18th birthday, New York law
If a Manhattan family member can no longer manage their finances or personal care, you have two very different legal tools to consider: an Article 81 guardianship under New York’s Mental Hygiene Law, or a durable power of attorney signed under New York General Obligations Law (GOL) §5-1513. The short answer is this — a power of attorney is a
For most families in Manhattan, an uncontested Article 81 guardianship in the Supreme Court, New York County, takes roughly three to four months from the day the petition is filed to the day the guardian is officially commissioned. A clean, well-prepared, uncontested case can sometimes move faster; a contested matter — where a family member, the alleged incapacitated person (AIP),
Guardianship of a minor in Manhattan is a legal proceeding — most often brought in the New York County Surrogate’s Court under SCPA Article 17 — in which a court appoints a responsible adult to care for a child under 18 and/or to manage money or property that belongs to that child. A minor in New York lacks the legal
In Manhattan, the difference comes down to what the guardian is authorized to manage: a guardian of the person makes decisions about an individual’s personal and medical needs — where they live, the care they receive, and day-to-day welfare — while a guardian of the property manages that person’s financial affairs, including income, bills, bank accounts, real estate, and assets.
If someone has filed a petition asking the Supreme Court, New York County, to appoint a guardian over you or a loved one, you can contest it — and the law gives the alleged incapacitated person (AIP) powerful protections to do so. In a Manhattan adult guardianship under Mental Hygiene Law (MHL) Article 81, no guardian can be appointed unless
The Article 81 guardianship process 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 is incapacitated and, if so, appoints a guardian to manage that person’s personal needs, property, or both. It begins with a petition, includes the
If your loved one in Manhattan is beginning to struggle with finances, medical decisions, or daily affairs, you do not automatically need to file for guardianship. In fact, New York courts prefer that families explore less restrictive alternatives first — durable powers of attorney, health care proxies, living trusts, special needs trusts, and supported decision-making. Under the Mental Hygiene Law,