In a Bronx adult guardianship case, a court evaluator is a neutral, court-appointed investigator whose job is to gather the facts the judge needs to decide whether a guardian is truly necessary and, if so, how much authority that guardian should have. When a family files a guardianship petition under Article 81 of the New York Mental Hygiene Law (MHL)
To become the guardian of an aging parent in The Bronx, you file a guardianship proceeding under New York Mental Hygiene Law (MHL) Article 81 in the Supreme Court, Bronx County — not the Surrogate’s Court. You commence the case with an Order to Show Cause and a Verified Petition, the court appoints a neutral Court Evaluator to investigate, your
The honest answer most Bronx families want is a single number — and the honest answer most lawyers can give is “it depends.” An uncontested Article 81 guardianship in The Bronx is typically driven by several stacked costs: your attorney’s fee to prepare and prosecute the petition, the court evaluator’s fee (and, frequently, separate counsel for the alleged incapacitated person),
If you are a Bronx parent of a child with an intellectual or developmental disability who is approaching or has reached age 18, you obtain legal authority to keep making decisions for that adult child by petitioning for SCPA Article 17-A guardianship in the Bronx County Surrogate’s Court. On a child’s 18th birthday, the law presumes the person is a
If a loved one in The Bronx can no longer manage their finances or personal needs, the most important question is whether your family needs a power of attorney or a court-ordered Article 81 guardianship. The short answer: a power of attorney is a planning document that only works if the person still has the mental capacity to sign it
An uncontested Article 81 guardianship in Bronx County typically takes about three to four months from the day the petition is filed in the Supreme Court, Bronx County, to the day the guardian receives a signed order and commission. Straightforward matters sometimes resolve in as little as six to eight weeks, while contested cases — where a family member, the
Guardianship of a minor in The Bronx is a legal proceeding, brought under Article 17 of the Surrogate’s Court Procedure Act (SCPA), in which a court appoints a responsible adult to make personal and/or financial decisions for a child under the age of 18. In Bronx County, these petitions are most commonly filed in the Bronx County Surrogate’s Court (Article
When a loved one in The Bronx can no longer manage their own affairs, a New York court can appoint a guardian — and the central question families ask is what, exactly, that guardian will be allowed to do. The short answer: a guardian of the person handles personal and medical needs (where someone lives, their health care, their daily
Yes — you can contest a guardianship in The Bronx, and the law gives the alleged incapacitated person (AIP) powerful rights to do so. When someone petitions the Supreme Court, Bronx County to appoint a guardian over an adult under Article 81 of the Mental Hygiene Law (MHL), the AIP is not a bystander. He or she has the right
In The Bronx, an Article 81 guardianship for an incapacitated adult is filed and decided in the Supreme Court, Bronx County — not the Surrogate’s Court. The process begins with a petition under New York’s Mental Hygiene Law (MHL) Article 81, asking the court to appoint a guardian over the personal needs and/or the property of an adult who can
If your loved one in The Bronx is struggling to manage their finances or personal care, you may believe that a court guardianship is the only way to step in and help. In reality, a full Article 81 guardianship is often the last resort, not the first — and for many Bronx families, less restrictive alternatives such as a durable