Whether a family member in Riverdale, Fordham, or Soundview can no longer manage their own affairs, or a parent must protect a minor child’s inheritance, the path to legal guardianship in The Bronx runs through two distinct courts — and choosing the wrong one delays everything.
Which Court Handles Your Case?
| Situation | Governing Law | Court |
|---|---|---|
| Adult who cannot manage personal needs or property | MHL Article 81 | Supreme Court, Bronx County |
| Minor’s person or property | SCPA Article 17 | Bronx County Surrogate’s Court |
| Developmentally disabled person (often age 18+) | SCPA Article 17-A | Bronx County Surrogate’s Court |
How Adult Guardianship Is Appointed (MHL Art. 81)
Adult Article 81 guardianship begins with an Order to Show Cause and Verified Petition filed in Supreme Court, Bronx County — never in Surrogate’s Court. The court appoints a Court Evaluator to investigate. The alleged incapacitated person (AIP) has the right to attend the hearing and to legal counsel.
To appoint a guardian, the court must find — by clear and convincing evidence — that the AIP cannot manage property or personal needs and is likely to suffer harm as a result. Powers granted must be the least restrictive intervention necessary.
Once appointed, a guardian files an initial report within 90 days, annual reports thereafter, and must visit the incapacitated person at least four times per year. Learn more about ongoing guardian duties.
Before Filing: Consider Alternatives
Courts favor less intrusive tools — a durable Power of Attorney (GOL § 5-1513), Health Care Proxy, or Supplemental Needs Trust — when they are sufficient. Explore alternatives to guardianship before petitioning.
Morgan Legal Group — led by Russel Morgan, Esq. — represents Bronx families in both Supreme Court and Surrogate’s Court proceedings. Schedule a consultation to discuss the right guardianship track for your situation.
Further reading from Morgan Legal Group: New York elder-law planning.