Families across The Bronx — from Riverdale to Mott Haven, from Pelham Bay to the Grand Concourse — turn to Morgan Legal Group when a loved one can no longer manage their own affairs. Understanding which court handles your case, and which statute governs it, is the first step.
Which Court Handles Your Case?
| Track | Governing Law | Court |
|---|---|---|
| Adult incapacitated person | MHL Article 81 | Supreme Court, Bronx County |
| Minor’s person or property | SCPA Article 17 | Bronx County Surrogate’s Court |
| Developmentally disabled adult | SCPA Article 17-A | Bronx County Surrogate’s Court |
How the Article 81 Appointment Process Works
Adult Article 81 guardianship begins with an Order to Show Cause and Verified Petition filed in Supreme Court, Bronx County. The court then appoints a Court Evaluator to investigate whether the alleged incapacitated person (AIP) cannot manage personal or property needs and is likely to suffer harm — the clear-and-convincing standard under MHL § 81.12.
The AIP has the right to attend the hearing and to counsel. If guardianship is granted, powers must be the least restrictive intervention needed. The appointed guardian’s ongoing duties include an initial report within 90 days, annual reports, and at least four in-person visits per year.
Explore Alternatives First
Courts prefer less restrictive options. Before filing, consider a Durable Power of Attorney (GOL § 5-1513), Health Care Proxy, or a Supplemental Needs Trust. Our team evaluates every avenue.
Schedule a consultation with Russel Morgan, Esq.
Further reading from Morgan Legal Group: New York elder-law planning.