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A court evaluator is a neutral, court-appointed investigator who serves as the eyes and ears of the judge in an adult guardianship proceeding. In a Westchester County Article 81 guardianship case, when someone files a petition asking the court to appoint a guardian for an allegedly incapacitated person (the “AIP”), the Supreme Court almost always appoints a court evaluator to

To become the legal guardian of an aging parent in Westchester County, you file a petition for adult guardianship under Article 81 of the New York Mental Hygiene Law (MHL) in the Supreme Court of Westchester County — not the Surrogate’s Court. You begin the case with an Order to Show Cause and a Verified Petition asking the court to

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

If your son or daughter has an intellectual or developmental disability and is approaching (or has passed) their 18th birthday, you can ask the Westchester County Surrogate’s Court to appoint you as guardian of their person and/or property under SCPA Article 17-A. This is the track New York created specifically for parents and relatives of developmentally disabled adults. It is

If you are caring for an aging parent or a disabled family member in Westchester County, the most important question is usually this: do you need a guardianship, or will a power of attorney be enough? In most cases the answer is straightforward. A durable power of attorney (POA) under New York General Obligations Law (GOL) §5-1513 is a private,

Most uncontested Article 81 guardianships in Westchester County take roughly two to four months from the day the petition is filed in the Supreme Court to the day a guardian is appointed and qualified. Many cases land in that window, but the honest answer is that the timeline depends on the facts: whether anyone objects, how quickly the court evaluator

Guardianship of a minor in Westchester is a legal proceeding, governed by Article 17 of the Surrogate’s Court Procedure Act (SCPA), that lets a responsible adult be appointed to care for a child under 18 and to manage the child’s person, property, or both when a parent cannot. In Westchester County, these petitions are most often brought in the Westchester

The difference comes down to what the guardian is empowered to manage. A guardian of the person makes decisions about an individual’s personal and medical needs — where they live, their health care, their daily care and safety. A guardian of the property makes decisions about money and assets — paying bills, managing bank accounts, protecting real estate and investments,

If a guardianship petition has been filed against you or a loved one in Westchester County, you have the right to contest it — and New York law gives the alleged incapacitated person (the “AIP”) substantial protections at every stage. An adult incapacity guardianship under Mental Hygiene Law (MHL) Article 81 is filed in the Supreme Court, Westchester County, not

In Westchester County, the Article 81 guardianship process is the legal procedure used to ask a court to appoint a guardian for an adult who can no longer manage their personal needs, their finances, or both. Under New York’s Mental Hygiene Law (MHL) Article 81, this petition is filed in the Supreme Court, Westchester County — not the Surrogate’s Court

If your loved one in Westchester County is struggling to manage their finances or health decisions, you do not always have to go to court to protect them. In many cases, families can avoid a formal guardianship proceeding entirely by using less-restrictive legal tools—such as a durable Power of Attorney, a Health Care Proxy, a living trust, a Supplemental Needs