Appoint a Guardian in Brooklyn, NY

When a loved one in Flatbush, Bay Ridge, or Bed-Stuy can no longer manage their own affairs, appointing a guardian through the proper Kings County court is often the most protective step a family can take. Morgan Legal Group helps Brooklyn families navigate every track — quickly and correctly.

Which Court Handles Your Guardianship?

The right court depends entirely on who you are appointing a guardian for:

Situation	Governing Law	Court
Adult alleged incapacitated person (AIP)	MHL Article 81	Supreme Court, Kings County
Minor’s person or property	SCPA Article 17	Kings County Surrogate’s Court
Developmentally/intellectually disabled person (often a child turning 18)	SCPA Article 17-A	Kings County Surrogate’s Court

Critical distinction: Adult Article 81 guardianship is never filed in Surrogate’s Court — it belongs exclusively in the Supreme Court.

How the Appointment Process Works (Article 81)

To appoint a guardian for an incapacitated adult, the proceeding is commenced by an Order to Show Cause and a Verified Petition filed in Supreme Court, Kings County. The court then:

1. Appoints a Court Evaluator (and often independent counsel) to investigate
2. Schedules a hearing at which the AIP has the right to be present
3. Applies the clear and convincing evidence standard to establish incapacity
4. Grants only the least restrictive powers actually needed — personal-needs guardian, property-management guardian, or both

Once appointed, the guardian files an initial report within 90 days, submits annual reports, and visits the person a minimum of four times per year. See our full guardian duties page for ongoing obligations.

Before You Appoint: Explore Alternatives

Brooklyn courts strongly prefer less restrictive tools where feasible. Review our alternatives to guardianship page — a durable Power of Attorney (GOL §5-1513), Health Care Proxy, or Supplemental Needs Trust may resolve the situation without a court-supervised guardianship.

If the appointment is disputed, our contested guardianship team stands ready.

Ready to appoint a guardian in Brooklyn? Schedule a consultation with Russel Morgan, Esq.