How do I petition for guardianship or conservatorship in New York?
1. Terminology. 'Guardian of the person/property' is used; New York abolished 'conservatorship' as a separate concept in 1993 when Article 81 replaced the prior committee/conservator regime.
2. Adult Guardianship. Under N.Y. Mental Hyg. Law § 81.02, the court appoints a guardian only if the person is likely to suffer harm because they cannot provide for personal needs or property management and cannot adequately understand the consequences. Powers are tailored, not plenary.
3. Minor Guardianship. Governed by SCPA Article 17 (Surrogate's Court) or Family Court Act Art. 6; available when parents are deceased, unfit, or consent.
4. Petition. File Order to Show Cause and Verified Petition in Supreme Court (Art. 81) or Surrogate's Court (Art. 17-A/17). Personal service on the alleged incapacitated person (AIP) at least 14 days before hearing, plus notice to spouse, adult children, parents, and any person residing with the AIP.
5. Court Evaluator / GAL. The court appoints a Court Evaluator (Mental Hyg. Law § 81.09) to investigate and report. A counsel for the AIP may be appointed under § 81.10.
6. Capacity Evaluation. Medical evidence is required but Article 81 emphasizes a functional assessment of the AIP's activities of daily living; clear and convincing evidence standard.
7. Hearing & Order. The AIP has the right to attend, to counsel, and to a jury trial. The order must specify each power granted and must be the least restrictive form of intervention.
8. Powers & Duties. Bond may be required (§ 81.25); initial report within 90 days; annual report due May 31; court approval for sale of real property, gifts, or major medical decisions.
9. Alternatives. Durable POA (Gen. Oblig. Law § 5-1501), health care proxy (Public Health Law Art. 29-C), and SCPA 1750-b health care decisions for 17-A wards.
10. Termination. Modification or discharge on restored capacity (§ 81.36), death, or minor reaching majority.
11. UAGPPJA. New York adopted UAGPPJA at Mental Hyg. Law Art. 83.
This is legal information, not legal advice.
- Choosing between Art. 81 (functional) and Art. 17-A (status-based) tracks for an adult
- Contested guardianship with allegations of financial exploitation by family members
- Disputes over scope of powers, real property sales, or major medical decisions
- N.Y. Mental Hyg. Law Art. 81
- N.Y. SCPA Art. 17
- N.Y. SCPA Art. 17-A
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.