Petitioning for guardianship in Westchester County involves distinct courts and legal tracks depending on who needs protection. Morgan Legal Group helps families navigate each pathway — from White Plains to Yonkers, Mount Vernon to New Rochelle.
Which Court Hears Your Case?
| Track | 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 |
How Article 81 Appointment Works
Adult Article 81 guardianship begins with an Order to Show Cause and Verified Petition filed in Supreme Court, Westchester County. The court appoints a Court Evaluator to investigate the alleged incapacitated person’s (AIP) circumstances. The AIP retains the right to attend the hearing and have counsel. Incapacity must be proven by clear and convincing evidence.
Powers granted must represent the least restrictive intervention tailored to documented needs — covering personal care, property management, or both. See guardian duties for ongoing reporting requirements.
Before filing, courts expect families to consider alternatives to guardianship such as a Durable Power of Attorney under GOL §5-1513 or a Health Care Proxy.
Ready to petition? Schedule a consultation with Russel Morgan, Esq.
Morgan Legal Group serves Westchester County families throughout the guardianship process.
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Further reading from Morgan Legal Group: .