Guardianship Archives - Guardianship Law — Westchester, NY https://guardianshipguidance.org/category/guardianship/ Westchester, NY guardianship law by Morgan Legal Group Thu, 18 Jun 2026 15:54:07 +0000 en-US hourly 1 https://wordpress.org/?v=6.8.8 https://guardianshipguidance.org/wp-content/uploads/2024/05/Legal-Network-Logo-150x150.png Guardianship Archives - Guardianship Law — Westchester, NY https://guardianshipguidance.org/category/guardianship/ 32 32 Guardianship of a Disabled Adult Child in Westchester (SCPA 17-A) https://guardianshipguidance.org/guardianship-of-a-disabled-adult-child-westchester/ Thu, 18 Jun 2026 15:54:07 +0000 https://guardianshipguidance.org/guardianship-of-a-disabled-adult-child-westchester/ 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 […]

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]]> How Much Does an Article 81 Guardianship Cost in Westchester? (2026) https://guardianshipguidance.org/how-much-does-article-81-guardianship-cost-westchester/ Thu, 18 Jun 2026 15:54:07 +0000 https://guardianshipguidance.org/how-much-does-article-81-guardianship-cost-westchester/ 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 […]

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]]> How to Become Guardian of an Aging Parent in Westchester https://guardianshipguidance.org/how-to-become-guardian-of-a-parent-westchester/ Thu, 18 Jun 2026 15:54:07 +0000 https://guardianshipguidance.org/how-to-become-guardian-of-a-parent-westchester/ 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 […]

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]]> What Is a Court Evaluator in a Westchester Guardianship Case? https://guardianshipguidance.org/what-is-a-court-evaluator-westchester/ Thu, 18 Jun 2026 15:54:07 +0000 https://guardianshipguidance.org/what-is-a-court-evaluator-westchester/ 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 […]

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]]> Article 81 Guardianship vs. Power of Attorney in Westchester https://guardianshipguidance.org/article-81-guardianship-vs-power-of-attorney-westchester/ Thu, 18 Jun 2026 15:54:06 +0000 https://guardianshipguidance.org/article-81-guardianship-vs-power-of-attorney-westchester/ 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 […]

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]]> Alternatives to Guardianship Every Westchester Family Should Know https://guardianshipguidance.org/alternatives-to-guardianship-westchester/ Thu, 18 Jun 2026 05:16:21 +0000 https://guardianshipguidance.org/alternatives-to-guardianship-westchester/ 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 […]

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]]> The Article 81 Guardianship Process in Westchester (2026 Guide) https://guardianshipguidance.org/article-81-guardianship-process-westchester/ Thu, 18 Jun 2026 05:16:21 +0000 https://guardianshipguidance.org/article-81-guardianship-process-westchester/ 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 […]

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]]> Contesting a Guardianship in Westchester: Rights of the AIP https://guardianshipguidance.org/contesting-a-guardianship-westchester/ Thu, 18 Jun 2026 05:16:21 +0000 https://guardianshipguidance.org/contesting-a-guardianship-westchester/ 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 […]

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]]> Guardian of the Person vs. Property in Westchester: What’s the Difference? https://guardianshipguidance.org/guardian-of-person-vs-property-westchester/ Thu, 18 Jun 2026 05:16:21 +0000 https://guardianshipguidance.org/guardian-of-person-vs-property-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, […]

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]]> Guardianship of a Minor in Westchester (SCPA Article 17) https://guardianshipguidance.org/guardianship-of-a-minor-westchester/ Thu, 18 Jun 2026 05:16:21 +0000 https://guardianshipguidance.org/guardianship-of-a-minor-westchester/ 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 […]

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