Guardian Duties in Westchester County, New York: A 2026 Guide to Your Legal Responsibilities

Being appointed a guardian in Westchester County is not the finish line — it is the starting point of a court-supervised relationship that can last for the rest of a person’s life. Whether you have been named the guardian of an aging parent in White Plains, a developmentally disabled young adult in Yonkers, or a minor child in Mount Vernon, the court that appointed you expects ongoing, documented, and faithful performance of specific duties. This page explains what guardians in Westchester actually have to do, which court holds you accountable for each track, and how attorney Russel Morgan, Esq. and Morgan Legal Group help guardians stay compliant.

If you are still deciding whether to seek guardianship at all, start with our guardianship overview and our page on alternatives to guardianship.

First, Know Which Court You Answer To

Your duties — and the judge who enforces them — depend on the type of guardianship. This is the single most important thing to get right in Westchester, because the two main tracks are heard in two different courthouses.

Track	Governing Law	Court in Westchester	Who It Covers
Adult incapacitated person	NY Mental Hygiene Law (MHL) Article 81	Supreme Court, Westchester County	An adult who cannot manage property and/or personal needs
Minor’s person or property	SCPA Article 17	Westchester County Surrogate’s Court	A child under 18
Developmentally / intellectually disabled person	SCPA Article 17-A	Westchester County Surrogate’s Court	Often a child turning 18 with a lifelong disability

The most common confusion is the assumption that all guardianships go to Surrogate’s Court. They do not. Adult Article 81 guardianship of an incapacitated person is filed in and supervised by the Supreme Court, Westchester County — never the Surrogate’s Court. The Surrogate’s Court handles minors (Article 17) and the developmentally disabled (Article 17-A). Knowing your courthouse tells you which reporting rules, examiners, and oversight procedures apply to you.

For a deeper look at the adult process, see our page on Article 81 guardianship. For children, see guardianship of minors.

The Core Duties of an Article 81 Guardian (Adults)

Most guardian-duty questions we hear in Westchester involve Article 81 — guardianship of an adult incapacitated person (AIP). Under MHL Article 81, the court grants only the powers that are the least restrictive intervention tailored to the person’s actual, proven needs. You may be a personal-needs guardian, a property-management guardian, or both. Your duties track the powers you were given.

Ongoing reporting duties

• Initial report — 90 days. After being appointed, an Article 81 guardian must file an initial report with the court, generally within 90 days of the commission being issued. This establishes the starting financial and personal picture.
• Annual reports — every year. You must file an annual report describing the incapacitated person’s condition, where they live, the decisions you made, and a full accounting of the assets and money you handled. The court (and its court examiner) reviews these to confirm you are acting in the person’s best interest.
• Visits — at least 4 times per year. An Article 81 guardian must personally visit the incapacitated person no fewer than four times each year. This is a hard requirement, not a suggestion — even for a property-only guardian, the statute contemplates real, ongoing contact with the person.

Substantive duties

• Act in the least restrictive way. You may only exercise the powers the court actually granted. If the AIP can still make some decisions, you must let them.
• Manage property prudently. A property-management guardian must keep the person’s funds separate, invest sensibly, keep receipts, and never commingle or self-deal. Many Westchester guardians are required to post a bond.
• Make personal-needs decisions thoughtfully. A personal-needs guardian arranges housing, medical care, and daily support consistent with the person’s wishes and prior lifestyle wherever possible.
• Keep meticulous records. Every dollar and major decision should be documented, because your annual accounting will be scrutinized.

Article 81 guardianship generally lasts for the incapacitated person’s lifetime unless the court terminates or modifies it — for example, if the person regains capacity or passes away. Your duties end only when the court formally discharges you and approves your final accounting.

Duties of a Guardian for a Minor (SCPA Article 17)

If you were appointed by the Westchester County Surrogate’s Court as guardian of a minor’s person or property under SCPA Article 17, your duties are shaped by what you were appointed to manage:

• Guardian of the person — responsible for the child’s custody, education, medical care, and general welfare until the child turns 18.
• Guardian of the property — responsible for safeguarding money or assets the child owns (for example, an inheritance or a personal-injury settlement) until the child reaches majority. You typically must file an annual accounting and often post a bond.

A guardianship of a minor’s person ordinarily ends when the child turns 18. A guardianship of the property ends when the assets are turned over to the now-adult beneficiary, with a final accounting to the Surrogate’s Court.

Duties of a 17-A Guardian (Developmentally Disabled Persons)

SCPA Article 17-A is the track many Westchester families use when a child with an intellectual or developmental disability is about to turn 18 and cannot safely make their own decisions as an adult. It is filed in Surrogate’s Court and is a more plenary (broad) form of guardianship than Article 81 — the powers are generally not as narrowly tailored. Because it is so sweeping, courts and counsel increasingly ask families to first consider whether a less restrictive option would serve the person better. We discuss those options on our alternatives to guardianship page.

A 17-A guardian is generally responsible for the personal and/or financial welfare of the disabled person and remains subject to the Surrogate’s Court’s continuing jurisdiction.

What Happens If You Don’t Perform Your Duties?

Guardianship is not a title you hold passively. In Westchester, failure to file reports, missed visits, sloppy accountings, or self-dealing can lead to:

• A court examiner flagging deficiencies in your annual report
• The court ordering you to appear and explain
• Surcharges (personal financial liability) for mismanaged funds
• Removal and replacement by a successor guardian
• In serious cases, referral for civil or criminal consequences

Disputes over whether a guardian is doing the job — or who should be guardian in the first place — can become litigated matters. If you are facing that situation, see our page on contested guardianship.

A Westchester-Specific Note

Westchester is a large, demographically diverse county stretching from the dense, transit-oriented cities of Yonkers, New Rochelle, and Mount Vernon in the south to the suburban communities of Scarsdale, Rye, White Plains, and the northern towns toward the Putnam line. That geographic spread matters for guardians: the four-times-a-year visitation duty under Article 81 is a real logistical commitment when an incapacitated parent lives in one part of the county (or in a care facility) while the guardian works and lives in another. Adult Article 81 matters are heard in the Supreme Court, Westchester County, while minor and 17-A matters proceed in the Westchester County Surrogate’s Court — so guardians serving in different roles for different family members may answer to two different courthouses. Planning your reporting calendar around the correct court from day one prevents missed deadlines.

Frequently Asked Questions

How often does a Westchester guardian have to visit the person?

Under MHL Article 81, the guardian of an adult incapacitated person must visit that person at least four times per year. This duty applies even to property-management guardians and is enforced through the annual reporting and court-examiner process in the Supreme Court, Westchester County.

Which court do I file my annual report with?

It depends on your track. An Article 81 adult guardian files in the Supreme Court, Westchester County. A guardian of a minor (Article 17) or a developmentally disabled person (Article 17-A) answers to the Westchester County Surrogate’s Court. The reporting rules differ, so confirm your court and schedule with counsel.

When does a guardian’s duty end?

An Article 81 guardianship generally lasts for the incapacitated person’s life unless the court modifies or terminates it — for example, if the person regains capacity or passes away. Your duties formally end only when the court approves your final accounting and discharges you. A minor’s guardianship typically ends at age 18 (or when property is turned over).

Could a power of attorney have avoided this?

Often, yes. New York’s durable Power of Attorney (GOL §5-1513), a Health Care Proxy, a living trust, or supported decision-making can sometimes meet a person’s needs without the cost and ongoing duties of guardianship — but only if put in place before the person loses capacity. Once capacity is lost, guardianship may be the only option. See our alternatives to guardianship page.

Can I be removed as guardian?

Yes. If you fail to file required reports, miss visits, mismanage assets, or act against the person’s interests, the supervising court can surcharge you, remove you, and appoint a successor. Conscientious record-keeping and timely reporting are your best protection.

Talk to a Westchester Guardianship Attorney

Guardian duties are exacting, and the consequences of getting them wrong fall on you personally. Attorney Russel Morgan, Esq. and Morgan Legal Group guide Westchester guardians through initial reports, annual accountings, visitation compliance, and — where appropriate — less restrictive alternatives. Schedule a 30-minute consultation to make sure your guardianship stays in good standing.

This page is general information about New York guardianship law and is not legal advice. Filing fees, court addresses, and deadlines should be confirmed with the court or your attorney for your specific case.