About Guardianship Guidance for Westchester County Families

Westchester County is home to dense suburban communities — White Plains, Yonkers, Mount Vernon, New Rochelle, Peekskill, and dozens of villages stretching from the Hudson River to the Connecticut border. When a resident here loses the capacity to make safe decisions, or when a child or young adult with a disability needs a legal guardian, families do not always know which court to enter, which statute governs, or whether guardianship is even the right answer. This site exists to answer those questions clearly.

Guardianship Guidance is a resource maintained by Morgan Legal Group, led by Russel Morgan, Esq., with deep experience in New York guardianship proceedings across Westchester and the broader New York metro area.

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The Courts That Handle Guardianship in Westchester

Westchester County has two distinct courts for guardianship matters, and choosing the wrong one wastes time and money.

Track	Governing Law	Court
Adult (incapacitated person)	MHL Article 81	Supreme Court, Westchester County
Minor’s person or property	SCPA Article 17	Westchester County Surrogate’s Court
Developmentally disabled person (often turning 18)	SCPA Article 17-A	Westchester County Surrogate’s Court

Adult guardianship under MHL Article 81 is filed in Supreme Court, Westchester County — not the Surrogate’s Court. This is the most commonly misunderstood jurisdictional point, and it matters because the two courts operate on different dockets, timelines, and procedures. Learn more on our Article 81 guardianship overview.

Guardianship of a minor and Article 17-A guardianship for persons with developmental or intellectual disabilities are both filed in Westchester County Surrogate’s Court. See our dedicated page on guardianship of minors for how these tracks differ.

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What Article 81 Requires — The Standard That Protects Autonomy

New York’s Mental Hygiene Law Article 81 sets a high bar intentionally. A court will appoint a guardian only when:

• The alleged incapacitated person (AIP) cannot manage their property and/or personal needs, and
• They are likely to suffer harm because they cannot adequately appreciate the consequences of that inability.

That standard must be proven by clear and convincing evidence — the highest civil burden in New York. The proceeding begins with an Order to Show Cause and a Verified Petition. The Supreme Court then appoints a Court Evaluator (and often independent counsel for the AIP) to investigate and report. The AIP has the right to be present at the hearing and to contest the petition.

Any powers granted must reflect the least restrictive intervention necessary. A guardian may be appointed for personal needs, for property management, or both — but only to the extent the evidence demands. Ongoing obligations include an initial report within 90 days, annual reports thereafter, and at least four in-person visits per year with the person under guardianship. For a full breakdown, visit our guardian duties page.

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Alternatives Worth Exploring First

Westchester’s courts — and New York law generally — prefer that families exhaust less restrictive options before seeking guardianship. These include:

• Durable Power of Attorney (GOL §5-1513)
• Health Care Proxy
• Revocable Living Trust
• Supplemental or Special Needs Trust
• Supported Decision-Making agreements

When these instruments are put in place proactively, full guardianship may never be necessary. Our alternatives to guardianship page walks through each option in detail.

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Work With an Attorney Who Knows Westchester’s Courts

Whether your matter belongs before the Supreme Court in White Plains or the Surrogate’s Court, Morgan Legal Group provides representation grounded in the correct statute, the correct court, and a strategy built around your family member’s actual needs — not a generic template.

Schedule a consultation with Russel Morgan, Esq.

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Resources: NY MHL Article 81 — nycourts.gov · SCPA Article 17-A — law.justia.com · GOL §5-1513 — nysenate.gov