When a child in Westchester County loses a parent, faces a parent’s incapacity, or inherits money or property, someone must have the legal authority to make decisions and protect that child’s interests. In New York, that authority comes through a guardianship of a minor — a court-supervised relationship that gives a responsible adult the power to care for a child’s person, property, or both. Whether your family is in Yonkers, New Rochelle, White Plains, Mount Vernon, Scarsdale, or one of the smaller hamlets across the county, the legal framework is the same, but the court you file in and the standards that apply matter enormously.
At Morgan Legal Group, attorney Russel Morgan, Esq. and our team guide Westchester families through guardianship petitions with care, precision, and an understanding of how stressful these moments can be. This page explains how guardianship of minors works in Westchester County, which court hears these cases, what the governing statutes require, and — just as importantly — when a guardianship may not be necessary at all.
Talk it through before you file. Every family’s situation is different. Schedule a consultation with Russel Morgan, Esq. to discuss the right path for your child or loved one.
Which Court Hears Minor Guardianship Cases in Westchester?
For guardianship of a minor or a young adult with a developmental disability, the primary court in Westchester is the Westchester County Surrogate’s Court, located in White Plains. New York’s Surrogate’s Court Procedure Act (SCPA) gives this court jurisdiction over two distinct types of guardianship that affect children and young adults:
- SCPA Article 17 — guardianship of an infant (in New York, “infant” is a legal term meaning anyone under 18). This covers guardianship of the person (custody and care) and guardianship of the property (managing money, inheritances, or settlement funds a child receives).
- SCPA Article 17-A — guardianship of an adult with an intellectual or developmental disability. Families often begin this process as a child approaches age 18, because parental authority ends at the age of majority.
It is worth noting that Article 17 guardianship of an infant may also be brought in Supreme Court or Family Court depending on the circumstances, but the Surrogate’s Court is the most common venue when guardianship is tied to a parent’s estate, an inheritance, or a deceased parent’s wishes. For Westchester families, the Surrogate’s Court in White Plains is where most minor guardianship matters begin.
This is a key distinction from adult incapacity guardianship, which is governed by an entirely different statute — the Mental Hygiene Law (MHL) Article 81 — and is brought in Supreme Court, not Surrogate’s Court. We cover that process on our Article 81 guardianship page. If you are unsure which framework applies to your situation, our guardianship overview explains the differences in plain language.
Article 17: Guardianship of a Minor Child
Article 17 of the SCPA is the workhorse statute for protecting children. There are two kinds of authority a court can grant, and a single guardian can hold one or both:
Guardian of the Person
A guardian of the person has legal responsibility for a child’s day-to-day care, education, medical decisions, and general welfare. This is often appropriate when both parents have died, when a surviving parent cannot care for the child, or when a parent has nominated a guardian in a will. Grandparents, aunts, uncles, and adult siblings across Westchester frequently step into this role.
Guardian of the Property
A guardian of the property manages money or assets that belong to a minor. This commonly arises when a child:
- Inherits assets from a deceased parent or relative’s estate;
- Receives the proceeds of a personal injury or wrongful death settlement;
- Becomes the beneficiary of a life insurance policy or retirement account; or
- Receives a significant gift.
New York does not let children control substantial assets directly. A guardian of the property holds and invests those funds under court supervision until the child turns 18, and the court typically requires the guardian to file an inventory and to account to the court for how the money is managed. These are real, ongoing obligations — read more on our guardian duties page.
Article 17-A: Guardianship for Young Adults With Developmental Disabilities
Article 17-A is designed for individuals with an intellectual or developmental disability — conditions such as autism, Down syndrome, cerebral palsy, or other lifelong impairments — who, because of that disability, cannot manage their own affairs upon reaching adulthood.
For many Westchester families, this becomes urgent as a child with a disability nears their 18th birthday. Up to that point, parents make medical, educational, and financial decisions automatically. At 18, that authority disappears as a matter of law, even for a young adult who clearly cannot make those decisions independently. An Article 17-A guardianship in the Surrogate’s Court restores a parent’s or sibling’s legal authority to act.
A few important points about Article 17-A:
| Feature | SCPA Article 17-A (minors/developmental) | MHL Article 81 (adult incapacity) |
|---|---|---|
| Court | Surrogate’s Court (Westchester, White Plains) | Supreme Court of the county |
| Who it serves | Adults with intellectual/developmental disability; infants under Art. 17 | Adults who have become incapacitated |
| Nature of authority | Plenary (broad, all-or-nothing) status | Tailored to the person’s actual needs |
| Guiding standard | Best interests / certified disability | Clear and convincing evidence of incapacity |
| Core principle | Status-based appointment | Least restrictive alternative (MHL §81.02) |
Article 17-A creates a plenary guardianship — a broad, status-based authority. This contrasts sharply with the Article 81 standard, which requires the court to tailor a guardian’s powers narrowly and to apply the least restrictive alternative under MHL §81.02. Because Article 17-A is so broad, families and the court should always consider whether a less restrictive option might better serve a young adult who has some decision-making ability. We discuss those options on our alternatives to guardianship page.
The Westchester Surrogate’s Court Process, Step by Step
While every case has its own wrinkles, a minor guardianship petition in Westchester County generally follows this path:
- Prepare and file the petition. The petitioner (often a parent, relative, or nominated guardian) files a guardianship petition in the Westchester County Surrogate’s Court, identifying the child, the proposed guardian, and the reason guardianship is needed.
- Provide notice. Interested parties — typically the child’s parents and certain close relatives — must receive legal notice and an opportunity to be heard. For an Article 17-A petition, medical certifications from qualified professionals confirming the disability are required.
- Court review. The Surrogate reviews the petition and supporting documents. The court’s overriding concern is the best interests of the child (Article 17) or the welfare of the disabled young adult (Article 17-A).
- Hearing or appearance. Depending on the case, the court may schedule an appearance. Contested matters — where someone objects to the proposed guardian — can require a more involved hearing.
- Appointment and oversight. If the court grants the petition, it issues letters of guardianship. A guardian of the property is generally subject to ongoing court supervision, including an initial inventory and periodic accountings.
A note on fees: New York court filing fees for guardianship petitions are set by statute and by the court, and they can change. We do not quote a fixed dollar figure here — your attorney will confirm the current fees that apply to your filing. For official fee schedules and forms, the New York State Unified Court System publishes guidance at nycourts.gov.
When You May Not Need a Guardianship at All
A formal guardianship is a significant step that places a person under court supervision. For some families, a less restrictive arrangement accomplishes the goal without a court proceeding — and the law generally prefers these alternatives when they are workable. Depending on the situation, options include:
- Durable power of attorney — a young adult with capacity can appoint a trusted person to handle financial matters.
- Health care proxy — appoints someone to make medical decisions if the person cannot.
- Supported decision-making — a recognized model in which a person with a disability keeps legal authority but receives structured help from chosen supporters.
- Living trust — can hold and manage assets for a child or disabled beneficiary without a property guardianship.
- Representative payee — for managing Social Security or similar benefits.
A valid power of attorney or health care proxy, executed while the individual still has capacity, can sometimes make a court guardianship unnecessary altogether. These tools are explored in depth on our alternatives to guardianship page. When a guardianship is genuinely contested or disputed among family members, our contested guardianship page explains how those cases unfold.
Why Westchester Families Choose Morgan Legal Group
Guardianship matters touch the people you love most — a grieving grandchild, a young adult with special needs, a child entitled to an inheritance. Russel Morgan, Esq. and the Morgan Legal Group team handle these petitions with the diligence they deserve, from drafting a clean Surrogate’s Court petition to advising on whether a guardianship is even the right tool. We serve families throughout Westchester County, including Yonkers, New Rochelle, White Plains, Mount Vernon, Scarsdale, Rye, Harrison, and the surrounding communities.
Ready to protect your child or loved one? Book a 30-minute consultation with Russel Morgan, Esq.
Frequently Asked Questions
Which court handles guardianship of a minor in Westchester County?
Most minor guardianship petitions are filed in the Westchester County Surrogate’s Court in White Plains under SCPA Article 17 (infants) or Article 17-A (young adults with developmental disabilities). An Article 17 infant guardianship may also be brought in Supreme Court or Family Court in some circumstances. This is different from adult incapacity guardianship under MHL Article 81, which is filed in Supreme Court.
What is the difference between guardianship of the person and guardianship of the property?
A guardian of the person is responsible for a child’s care, education, and medical decisions. A guardian of the property manages a child’s money or assets — such as an inheritance or settlement — under court supervision until the child turns 18. One person can serve in both roles, or the court can appoint different guardians for each.
My child with a disability is turning 18. Do I automatically keep authority over their decisions?
No. In New York, parental authority ends at age 18 even for a young adult who cannot manage their own affairs. To continue making medical and financial decisions, parents often petition for SCPA Article 17-A guardianship in the Surrogate’s Court. It is wise to begin the process before the 18th birthday.
Is guardianship under Article 17-A the same as Article 81 for adults?
No. Article 17-A (Surrogate’s Court) is a plenary, status-based guardianship for people with intellectual or developmental disabilities. MHL Article 81 (Supreme Court) requires the court to tailor a guardian’s powers to the person’s actual needs under the least restrictive alternative principle in MHL §81.02. They are separate frameworks with different standards.
Are there alternatives to filing for guardianship?
Yes. Depending on the person’s capacity, a durable power of attorney, health care proxy, living trust, supported decision-making arrangement, or representative payee may meet the family’s needs without a court proceeding. A valid power of attorney or health care proxy made while the person has capacity can sometimes avoid the need for guardianship entirely.
Further reading from Morgan Legal Group: why estate planning is so important.