Appointing a guardian is one of the most consequential legal steps a Brooklyn family can take. Whether your loved one lives in Bay Ridge, Flatbush, Crown Heights, or Canarsie, the right court and the right attorney matter from day one.
Which Court Handles Your Case?
| Situation | Governing Law | Court |
|---|---|---|
| Adult incapacitated person | MHL Article 81 | Supreme Court, Kings County |
| Minor’s person or property | SCPA Article 17 | Kings County Surrogate’s Court |
| Developmentally disabled person (often age 18+) | SCPA Article 17-A | Kings County Surrogate’s Court |
Adult Article 81 guardianship proceedings are commenced in Supreme Court, Kings County — not the Surrogate’s Court — by an Order to Show Cause and Verified Petition. The court applies a clear and convincing evidence standard and must grant only the least restrictive powers needed.
Before filing, we always explore alternatives to guardianship — a Durable Power of Attorney under GOL §5-1513, a Health Care Proxy, or a Supplemental Needs Trust may resolve the situation without court intervention.
Schedule a Consultation
Book a 30-minute call with Russel Morgan, Esq. to discuss your family’s specific circumstances and the fastest, most protective path forward under New York law.
Further reading from Morgan Legal Group: how Article 81 guardianship works.