New York Guardianship Information
When a loved one can no longer manage on their own, New York law gives you a path forward.
Clear, compassionate guidance on Article 81 guardianship from a Brooklyn law firm that handles these cases every week.
our firm
trusted guidance for new York families
The Wagner Firm provides practical, compassionate legal guidance for families, caregivers, and professionals dealing with guardianship matters under Article 81 and related laws. We help you understand your options and take the right next steps.
What is Article 81 guardianship?
Understanding your options
Article 81 guardianship allows the court to appoint a guardian to help someone who can no longer manage their personal needs or property. The court only gives the guardian the powers that are necessary.
Personal Needs
Help with daily living, health care, and making important decisions.
Property Management
Manage finances, bills, real estate, and other assets, when needed.
How the Process Works
A typical uncontested case takes 2-3 months.
1
Petition Filed
The process begins with a petition to the court.
2
Court Evaluator
A court evaluator reviews the situation and recommends a plan.
3
Hearing
The judge reviews the information and hears from all parties.
4
Order & Commission
The court issues an order and, if needed, a guardian is commissioned.
5
Guardian Begins
The guardian starts their duties and follows ongoing court requirements.
When Guardianship is not the answer
There are other options that may be more appropriate, depending on the situation. We can help you explore all the possibilities.
- Power of Attorney
- Supported Decision-Making
- Health Care Proxy
- Trusts
If you are already a guardian
Guardians have important responsibilities, including:
- Managing finances and property
- Filing annual reports
- Getting court approvals when needed
If you disagree with a guardianship
You have rights.
You can:
You can:
- Have an attorney represent you
- Attend the hearing
- Present evidence and your perspective
Why The Wagner Firm?
Local experience, Direct access, A team that cares. We’re here to guide you through every step.
- Brooklyn-based Firm
- Extensive Kings County experience
- Direct attorney access
- Value of Money
- Flat-free options for certain matters
Frequently Asked Questions
Get quick answers to common questions about guardianship in New York.
How much does a guardianship cost?
Court filing fees are modest. The larger costs are attorney’s fees, the court evaluator’s fee, and any bond premium. In many cases the court allows these to be paid from the incapacitated person’s assets. We quote fees in writing before we start.
Can I get an emergency guardian?
Yes. If someone is in immediate danger, physically or financially, the court can appoint a temporary guardian at the outset of the case, sometimes within days.
Who can serve as guardian?
Any qualified adult, usually a family member. If no suitable family member is available, the court can appoint a professional guardian or a nonprofit agency.
Does guardianship end?
Guardianship ends on the person’s death or when the court finds it is no longer needed. Powers can also be reduced if the person’s condition improves.