Guardianship is not a default — it is a decision. When a loved one in Bay Ridge, Crown Heights, or Flatbush can no longer manage their own affairs, the law asks a critical question before a court intervenes: have you exhausted every less-restrictive alternative? At Appoint Your Guardian, a practice of Morgan Legal Group, attorney Russel Morgan, Esq. guides Kings County families through that question with precision. Our name reflects our philosophy — the goal is to deliberately appoint the right person with the right authority, no more and no less than the situation demands.
Who We Serve and Where We File
New York routes guardianship cases through different courts depending on who needs protection. Knowing which courthouse matters before you file a single page.
| Track | Governing Law | Court for Kings County |
|---|---|---|
| Incapacitated adult | NY Mental Hygiene Law Article 81 | Supreme Court, Kings County |
| Minor’s person or property | SCPA Article 17 | Kings County Surrogate’s Court |
| Developmentally disabled person (often a child turning 18) | SCPA Article 17-A | Kings County Surrogate’s Court |
Jurisdiction note: Adult Article 81 guardianship is filed in the Supreme Court — not the Surrogate’s Court. Conflating the two courts is among the most common mistakes families make at the outset.
The Article 81 Standard in Brooklyn
Under MHL Article 81, a petitioner must prove by clear and convincing evidence that the alleged incapacitated person (AIP) cannot manage their property or personal needs and is likely to suffer harm because they cannot adequately appreciate the consequences of that inability. That is a demanding standard — one that reflects the legislature’s commitment to personal autonomy.
Brooklyn’s Supreme Court, Kings County appoints a Court Evaluator (and often independent counsel for the AIP) to investigate every Article 81 petition. The AIP has the right to attend the hearing and to be heard. If the court grants guardianship, it tailors the guardian’s powers to the least restrictive intervention the situation requires — the guardian of the person (medical, residential decisions) may or may not be the same individual as the guardian of the property.
Once appointed, a guardian must file an initial report within 90 days, visit the incapacitated person at least four times per year, and submit annual reports to the court. Learn more on our guardian duties page.
Alternatives Worth Exploring First
Brooklyn courts expect petitioners to have considered — and where possible exhausted — less intrusive tools before seeking guardianship:
- Durable Power of Attorney (NY GOL §5-1513)
- Health Care Proxy
- Revocable Living Trust
- Supplemental or Special Needs Trust
- Supported Decision-Making Agreement
If one of these instruments can accomplish what guardianship would, the court will prefer it. We help families evaluate each option honestly. See our alternatives to guardianship page for a detailed comparison.
Appoint the Right Guardian for Your Family
Whether your matter belongs in Supreme Court under Article 81, or in the Surrogate’s Court under SCPA Article 17 or 17-A, Morgan Legal Group knows Brooklyn’s courts, its judges, and the standards they apply. Schedule a consultation with Russel Morgan, Esq. to map the right path for your family.
Further reading from Morgan Legal Group: guardianship law in New York.