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:
- Appoints a Court Evaluator (and often independent counsel) to investigate
- Schedules a hearing at which the AIP has the right to be present
- Applies the clear and convincing evidence standard to establish incapacity
- 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.
Further reading from Morgan Legal Group: New York elder-law planning.