When a loved one in White Plains, Yonkers, Mount Vernon, or anywhere across Westchester County can no longer manage their own affairs, a court-appointed guardian may become necessary. Understanding which court handles your matter — and what that court must find before appointing anyone — is the first step.
Which Court Hears Your Case?
| Situation | Governing Law | Court |
|---|---|---|
| Adult alleged to lack capacity | MHL Article 81 | Supreme Court, Westchester County |
| Minor (under 18) needing a guardian | SCPA Article 17 | Surrogate’s, Supreme, or Family Court |
| Adult with intellectual/developmental disability | SCPA Article 17-A | Surrogate’s Court, Westchester County |
The Article 81 Appointment Process
For adult incapacity matters, the petition is filed in the Supreme Court of Westchester County. The court may appoint a guardian of the person, the property, or both — but only after finding incapacity by clear and convincing evidence and that guardianship is necessary (MHL §81.02).
Key procedural protections built into Article 81:
- Least restrictive alternative — powers are tailored precisely to the individual’s actual needs (MHL §81.02)
- Court Evaluator — an independent investigator appointed under MHL §81.09 to report to the judge
- Right to counsel and a hearing — the alleged incapacitated person (AIP) may contest the petition
Filing fees are set by statute and should be confirmed with the court at the time of filing. Appointed guardians also carry ongoing duties including initial and annual accountings; see our guardian duties page.
Consider Alternatives First
A durable power of attorney or health care proxy executed while a person still has capacity can make an Article 81 proceeding entirely unnecessary. Explore alternatives to guardianship before filing.
For contested matters — including family disputes or petitions a county agency brings — visit our contested guardianship page.
Ready to talk through your Westchester situation? Attorney Russel Morgan, Esq. offers a focused consultation: Schedule 30 minutes.
Further reading from Morgan Legal Group: why estate planning is so important.