Guardianship decisions are among the most consequential a family will ever face. Whether you are concerned about an aging parent in Yonkers, a sibling with a developmental disability in White Plains, or a child in New Rochelle who has lost a caregiver, New York law provides distinct legal pathways — each with its own court, its own standard of proof, and its own ongoing responsibilities. This site exists to help Westchester County families understand those pathways clearly before they walk into a courtroom.
Morgan Legal Group, led by attorney Russel Morgan, Esq., represents petitioners, family members, and proposed guardians throughout Westchester — from the communities along the Hudson River corridor to the towns bordering Connecticut. Every matter we handle in Westchester is filed and litigated in the appropriate New York court for that county.
Which Court Handles Guardianship in Westchester?
The answer depends on who needs a guardian.
| Situation | Governing Law | Court |
|---|---|---|
| Adult who has lost capacity (illness, injury, age) | Mental Hygiene Law (MHL) Article 81 | Supreme Court, Westchester County |
| Minor child who needs a guardian | SCPA Article 17 | Surrogate’s Court (or Supreme/Family Court) |
| Adult with intellectual or developmental disability | SCPA Article 17-A | Surrogate’s Court, Westchester County |
A common and costly misconception is that adult incapacity cases belong in Surrogate’s Court. They do not. Article 81 petitions are brought exclusively in the Supreme Court of the county where the alleged incapacitated person resides — in Westchester, that means the Supreme Court, Westchester County. Filing in the wrong court wastes time and money. See our guardianship overview for a fuller comparison.
The Article 81 Standard: Least Restrictive, Individually Tailored
MHL Article 81 was built on a foundational principle: the state may intervene in a person’s autonomy only to the extent actually necessary. Under MHL §81.02, a court may appoint a guardian only after finding by clear and convincing evidence both that the person is incapacitated and that guardianship — rather than a less intrusive measure — is truly needed.
The court appoints a Court Evaluator under MHL §81.09 to investigate independently and report findings. The alleged incapacitated person (AIP) retains the right to counsel and to a hearing. Powers granted to the guardian are tailored: a guardian of the person addresses personal needs and healthcare; a guardian of property manages financial affairs. Neither role is assumed automatically — the court calibrates both to what the individual actually requires.
By contrast, SCPA Article 17-A guardianship is a plenary grant of authority, appropriate for adults with intellectual or developmental disabilities but carrying a broader scope than most Article 81 orders. Learn more on our Article 81 guardianship page.
Guardianship Is Not Always the Answer
New York courts — including the Supreme Court, Westchester County — expect petitioners to consider less restrictive alternatives first. A durable power of attorney, a health care proxy, a living trust, or a supported decision-making agreement executed while a person still has capacity can make a guardianship proceeding entirely unnecessary. Representative payee arrangements cover certain federal benefit situations. Pursuing these tools early, ideally long before a crisis, protects everyone involved. Our alternatives to guardianship page explains each option in plain language.
When guardianship is necessary, understand that the appointment is only the beginning. A guardian must file an initial account and annual reports with the court. Contested proceedings add hearings, additional counsel, and significantly greater time and expense.
Serving Westchester County Families
Morgan Legal Group appears regularly in Westchester County courts on behalf of families in White Plains, Yonkers, New Rochelle, Mount Vernon, Tarrytown, Ossining, Peekskill, and surrounding communities. We bring the same depth of New York guardianship law to every matter — whether straightforward or contested.
Schedule a free 30-minute consultation with Russel Morgan, Esq.: calendly.com/russel-morgan/30min
Statutory references: MHL §81.02 (standard and least-restrictive-alternative principle); MHL §81.09 (Court Evaluator); SCPA Article 17 (minor guardianship); SCPA Article 17-A (intellectual/developmental disability guardianship). Court filing fees are set by statute and the court — confirm current amounts before filing. Sources: NY Mental Hygiene Law, NY Surrogate’s Court Procedure Act, NY Courts — Guardianship.
Further reading from Morgan Legal Group: why estate planning is so important.