How Much Does an Article 81 Guardianship Cost in Westchester? (2026)

There is no single flat price for an Article 81 guardianship in Westchester County, but most families should budget for attorney fees plus the cost of a court-appointed Court Evaluator (and frequently court-appointed counsel for the alleged incapacitated person), with simpler, uncontested matters costing meaningfully less than contested ones. The total depends on whether the case is opposed, how complex the person’s finances are, and how much investigation the court requires. Below, we break down each cost driver, the court process that creates those costs, and how the right planning can sometimes avoid a guardianship altogether.

Adult guardianship of an incapacitated person is governed by New York Mental Hygiene Law (MHL) Article 81, and in Westchester these cases are filed in the Supreme Court, Westchester County — not the Surrogate’s Court. (The Surrogate’s Court handles a different track for minors and developmentally disabled persons, which we explain further down.) Getting the court right is the first step toward an accurate cost estimate.

What Drives the Cost of an Article 81 Guardianship?

Because each guardianship is tailored to one person’s specific needs, costs vary. The major components are:

Cost component	What it covers	What moves it up or down
Attorney (petitioner’s counsel) fees	Drafting the Order to Show Cause and Verified Petition, appearing at the hearing, preparing the order and commission	Contested vs. uncontested; size/complexity of the estate; number of hearings
Court Evaluator fees	The court-appointed neutral who investigates and reports to the court	Complexity of the person’s circumstances; how much investigation is needed
Counsel for the AIP	An attorney the court may appoint to represent the alleged incapacitated person	Whether the AIP objects or requests counsel
Ongoing administration	Initial 90-day report, annual accountings, possible bond	Whether property management is involved; estate value

We do not quote specific filing fees or fixed court charges here — those are set by the court and should be confirmed with the Westchester County Supreme Court or your counsel. What we can do is explain why the process costs what it does.

Why a “Court Evaluator” Adds to the Cost

In every contested or non-trivial Article 81 proceeding, the court appoints a Court Evaluator to investigate the situation independently and report back. The Evaluator interviews the alleged incapacitated person (AIP), reviews their needs and finances, and makes recommendations about whether a guardian is necessary and what powers are appropriate. The Evaluator’s fee is typically paid from the AIP’s assets (or, where appropriate, allocated by the court) and is a real and recurring line item in guardianship budgets.

Where the AIP objects to the petition or requests representation, the court may also appoint counsel for the AIP. A contested case with both an Evaluator and AIP’s counsel — plus a contested hearing — is the most expensive scenario. An uncontested matter where the family agrees and the AIP does not object is generally the least expensive.

The Process That Generates These Costs

Understanding the procedure shows where the money goes:

1. Commencement. The case begins with an Order to Show Cause and a Verified Petition filed in Supreme Court, Westchester County.
2. Appointment of the Court Evaluator (and often counsel for the AIP) to investigate.
3. The AIP’s rights. The alleged incapacitated person has the right to be present and the right to a hearing.
4. The hearing and the standard of proof. The petitioner must prove incapacity by clear and convincing evidence — that the person cannot manage property and/or personal needs and is likely to suffer harm because they cannot adequately appreciate the consequences.
5. Tailored powers. Any guardianship the court grants must be the least restrictive intervention tailored to the person’s actual needs — a guardian of the person, of the property, or both.

Each step — petition drafting, the Evaluator’s investigation, and the hearing — represents professional time, which is why contested cases cost more.

For a deeper walkthrough of the statute and powers, see our Article 81 Guardianship page and our general Guardianship Overview.

Ongoing Costs After Appointment — The Part Families Forget

The cost story does not end at appointment. A guardian has continuing duties that carry their own time and expense:

• File an initial report within 90 days of appointment.
• File annual reports thereafter.
• Visit the incapacitated person at least four times per year.
• Possibly post and maintain a bond if managing property.

Because an Article 81 guardianship generally lasts for the person’s life unless terminated, these annual obligations — and the professional help many guardians need to meet them — are an ongoing cost worth planning for. Our Guardian Duties page explains these responsibilities in detail.

A Note on Court and Track — Don’t Pay for the Wrong Case

A common and costly mistake is filing in the wrong court. In Westchester:

• Adult incapacitated person → Article 81 (MHL) → Supreme Court, Westchester County.
• Minor’s person or property → SCPA Article 17 → Westchester County Surrogate’s Court.
• Developmentally or intellectually disabled person (often a child turning 18) → SCPA Article 17-A → Westchester County Surrogate’s Court (a different, more plenary standard than Article 81).

If your situation involves a minor or a developmentally disabled young adult, the Surrogate’s Court track applies — see our Guardianship of Minors page.

How to Reduce or Avoid Guardianship Costs

The most reliable way to control guardianship costs is to plan ahead so a guardianship may never be needed. New York courts prefer less-restrictive alternatives, and so do families’ budgets. Before a crisis, consider:

• A durable Power of Attorney under GOL §5-1513
• A Health Care Proxy
• A Living Trust
• A Supplemental/Special Needs Trust
• Supported Decision-Making

A properly executed Power of Attorney and Health Care Proxy can let a trusted person manage finances and medical decisions without a court proceeding, a Court Evaluator, or annual reports. Learn more on our Alternatives to Guardianship page. If a guardianship is already disputed, our Contested Guardianship page explains how those (costlier) cases proceed.

Frequently Asked Questions

Is there a fixed price for an Article 81 guardianship in Westchester?
No. Costs depend on whether the case is contested, the complexity of the person’s finances, and the work the Court Evaluator must do. We do not quote specific filing fees; confirm those with the court or your counsel.

Why do I have to pay a Court Evaluator?
In Article 81 cases the court appoints a neutral Court Evaluator to investigate and report on whether guardianship is needed and what powers are appropriate. Their fee is a standard part of the proceeding.

Will guardianship cost me every year, not just once?
Yes, potentially. A guardian must file an initial report within 90 days, file annual reports, and visit the person at least four times a year. A guardianship generally lasts for the person’s life unless terminated, so ongoing administration is a recurring cost.

Can I avoid these costs entirely?
Often, yes — with advance planning. A durable Power of Attorney (GOL §5-1513), Health Care Proxy, and trusts can let a trusted person act without a court guardianship. Courts prefer these least-restrictive alternatives.

Speak With a Westchester Guardianship Attorney

Every guardianship — and every budget — is different. The best way to get an accurate picture for your family is a focused conversation about the person’s needs, finances, and whether a less-restrictive alternative could work. Russel Morgan, Esq. and the team at Morgan Legal Group guide Westchester families through Article 81 proceedings and the planning that can avoid them.

Schedule a consultation with Russel Morgan, Esq. →