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 you are worried about a loved one in Westchester County who is struggling to manage finances or health care decisions, you do not always need to file for guardianship. In many cases, the better path is a less restrictive alternative: a durable power of attorney, a health care proxy, a living trust, supported decision-making, or a representative payee. New