Being appointed a guardian in Westchester County is not a title — it is a job, and a court-supervised one. Whether a Supreme Court justice in White Plains has named you the guardian of an incapacitated adult, or a Surrogate’s Court judge has made you responsible for a minor in Yonkers or a developmentally disabled adult in New Rochelle, the law expects you to act in a very specific way. You become a fiduciary: someone the court trusts to put another person’s welfare ahead of your own convenience.
Families across Westchester — from Mount Vernon and Peekskill to Scarsdale, Rye, and the river towns of Tarrytown and Ossining — call Morgan Legal Group with the same question after an appointment: “Now what am I actually supposed to do?” This page walks through the real, ongoing duties of a guardian under New York law, the differences between guardian types, and where the Westchester courts come in. Attorney Russel Morgan, Esq. and the Morgan Legal Group team help guardians understand and meet these obligations so they don’t accidentally fall out of compliance.
Which Court Appointed You Matters
Before discussing duties, it helps to know which track you are on, because the governing statute changes your powers and reporting.
| Guardianship Type | Who It Protects | Governing Law | Westchester Court |
|---|---|---|---|
| Adult incapacity guardianship | An adult who can no longer manage personal or financial needs | Mental Hygiene Law (MHL) Article 81 | Supreme Court, Westchester County |
| Guardianship of an infant/minor | A child under 18 | SCPA Article 17 | Surrogate’s Court (may also be Supreme or Family Court) |
| Guardianship of an adult with intellectual/developmental disability | An adult with a lifelong I/DD | SCPA Article 17-A | Surrogate’s Court, Westchester County |
This distinction is not academic. An Article 81 guardianship for an incapacitated adult is an Article 81 matter heard in the Supreme Court — it is not a Surrogate’s Court proceeding. Surrogate’s Court in Westchester handles the SCPA Article 17 and 17-A guardianships (minors and I/DD adults). Getting the forum right is the first thing the court will check.
Learn more on our guardianship overview and Article 81 guardianship pages.
The Core Duties of Every Guardian
No matter which statute applies, a guardian owes the protected person — often called the “incapacitated person” (IP) under Article 81, or the “ward” — a set of fiduciary duties. Think of these as the non-negotiables.
1. Act in the Best Interest of the Person, Not Yourself
A guardian must always put the protected person first. You cannot mix the person’s money with your own, you cannot lend yourself their funds, and you cannot make decisions that benefit you at their expense. This is the heart of being a fiduciary.
2. Use Only the Powers the Court Actually Gave You
Article 81 is built on the least restrictive alternative principle under MHL §81.02. The court does not hand a guardian a blank check — it tailors powers to exactly what the person needs and nothing more. A guardian might be granted authority over property but not personal decisions, or vice versa. Read your order and judgment carefully: if a power is not listed, you generally do not have it. (By contrast, SCPA Article 17-A is a broader, plenary status — one reason the Supreme Court’s tailored Article 81 standard is often preferred for someone who retains some capacity.)
3. Promote Independence
Under MHL §81.02, the goal is to preserve as much of the person’s own decision-making as possible. A good Westchester guardian asks: Can this person make this choice themselves, with support? before stepping in. The statute favors autonomy, not control.
Guardian of the Person vs. Guardian of the Property
The Supreme Court can appoint a guardian of the person, of the property, or both. Your duties depend on which role you hold.
Guardian of the Person (Personal Needs)
If you are responsible for personal needs, your duties typically include:
- Arranging appropriate medical and dental care
- Deciding where the person lives (subject to court limits) — for example, choosing between staying at home in Bronxville with aides or moving to a facility in Westchester
- Consenting to or refusing care within your granted authority
- Maintaining the person’s social contacts and quality of life
- Visiting regularly and monitoring their well-being
Guardian of the Property (Financial Affairs)
If you manage property, you become the steward of the person’s money. Duties include:
- Marshaling assets — finding and securing bank accounts, real estate, pensions, and benefits
- Paying bills, taxes, and care costs from the person’s funds
- Keeping the person’s money strictly separate from your own
- Investing prudently and conservatively
- Posting a bond if the court requires one
- Filing accountings with the Westchester court (see below)
A fact-list of property-guardian “musts”:
- Open a guardianship account in the proper fiduciary name
- Keep every receipt — the court can demand documentation of any expense
- Never gift, lend, or invest the person’s assets without court authority
- Track income and expenses from day one
The Reporting Duties Most Guardians Underestimate
This is where guardians most often get into trouble. Guardianship is ongoing court supervision, not a one-time appointment. Under Article 81, a property or personal-needs guardian must file:
- An initial report (typically due within 90 days of appointment), describing the person’s condition and assets, and
- Annual accounts every year, reporting on the person’s well-being and a full accounting of finances.
The Supreme Court in Westchester reviews these filings. A court examiner may scrutinize them. Failing to file — or filing sloppy, undocumented accounts — can result in the guardian being surcharged (held personally liable), removed, or referred for further proceedings. Morgan Legal Group regularly helps Westchester guardians prepare clean, court-ready annual accountings so a missed deadline never becomes a crisis.
Court filing fees and bond amounts are set by statute and the court; we always confirm current figures with the Westchester County Clerk and the court rather than quoting a number that may be outdated.
When Duties Get Contested
Not every guardianship runs smoothly. A relative in Harrison may object to how funds are being spent; a sibling in Croton-on-Hudson may petition to remove a guardian; the court evaluator (appointed under MHL §81.09 to investigate and report) may flag concerns. The alleged incapacitated person (AIP) has the right to counsel and to a hearing, and the court must find incapacity by clear and convincing evidence before appointing anyone.
If your authority, your accounting, or your fitness as guardian is challenged, you need representation immediately. See our contested guardianship page for how these disputes unfold in Westchester County.
Could the Whole Thing Have Been Avoided?
One of the most important things a Westchester family can know is that guardianship is sometimes unnecessary. New York law strongly favors less restrictive alternatives, including:
- A durable power of attorney for financial decisions
- A health care proxy for medical decisions
- A living trust to manage assets
- Supported decision-making arrangements
- A representative payee for government benefits
A valid power of attorney or health care proxy signed while the person still had capacity can make an Article 81 proceeding entirely unnecessary. If you are a guardian now, these alternatives may still matter for other family members. Explore our alternatives to guardianship page, and review your own guardian duties as your situation evolves.
Frequently Asked Questions
Do I have to report to the Westchester court every year?
Yes. An Article 81 guardian generally must file an initial report shortly after appointment and an annual account each year thereafter with the Supreme Court, Westchester County. These accountings cover the person’s condition and a full financial picture. Missing them can lead to removal or personal liability.
Can I be paid as a guardian?
Guardians may be entitled to commissions and reimbursement of reasonable expenses, but the amounts and approval are governed by statute and the court — not by what you decide to take. Always seek court approval rather than paying yourself directly, and document everything.
What is the difference between guardianship of the person and of the property?
A guardian of the person handles personal needs like medical care and living arrangements. A guardian of the property handles money — bills, assets, taxes, and accountings. The Westchester Supreme Court can appoint one person to both roles or split them, and it tailors the powers under MHL §81.02 to only what the person needs.
Is Article 81 handled in Surrogate’s Court?
No. Adult incapacity guardianships under Mental Hygiene Law Article 81 are brought in the Supreme Court, Westchester County. Surrogate’s Court handles guardianships of minors (SCPA Article 17) and of adults with intellectual or developmental disabilities (SCPA Article 17-A).
What happens if I can no longer serve as guardian?
You can petition the court to resign and, usually, to appoint a successor. Until the court relieves you and approves your final accounting, your duties continue. Do not simply stop acting — that can expose you to liability. Morgan Legal Group can guide a clean transition.
Talk to a Westchester Guardianship Attorney
Guardian duties are demanding, and the Westchester courts hold guardians to a high standard. If you have been appointed — or expect to be — attorney Russel Morgan, Esq. and Morgan Legal Group can help you understand your powers, file on time, and protect both your loved one and yourself.
Schedule a consultation with Russel Morgan, Esq.
For official resources, see the New York State Unified Court System and the New York State Senate’s text of the Mental Hygiene Law.
Further reading from Morgan Legal Group: how trusts work in New York.