New York Guardianship and Conservatorship
When an adult can no longer manage their own care or finances, a New York court can appoint someone to decide for them. This guide explains the process, the alternatives to consider first, and the costs.
Based on Mental Hygiene Law Article 81 for incapacitated adults; Surrogate's Court Procedure Act Article 17 for child guardianship and custody matters; Surrogate's Court Procedure Act Article 17-A for guardianship of adults who are intellectually disabled or developmentally disabled
What guardianship and conservatorship mean here
New York guardianship depends on who needs help and why. Article 81 guardianship can address an incapacitated adult's personal needs, property management, or both. Child guardianship may proceed in Family Court or Surrogate's Court depending on the child's circumstances and property issues. Article 17-A guardianship is heard in Surrogate's Court for intellectually or developmentally disabled adults and is described by New York Courts as the most restrictive New York guardianship path.
New York commonly uses 'guardian' for both adult and child matters. Article 81 cases use the term alleged incapacitated person before a judicial finding. Article 17-A cases concern intellectually or developmentally disabled adults age 18 or older. Child guardianship can continue until age 18 or 21 depending on the case and court.
Because guardianship removes legal rights, courts look first at the less-restrictive alternatives below.
Types of guardianship and conservatorship
Article 81 Guardian for Personal Needs
A court-appointed guardian may be given authority over personal needs such as health care decisions, living arrangements, benefits, and access to confidential records.
Mental Hygiene Law Article 81
Article 81 Guardian for Property Management
A court-appointed guardian may be given authority over property management such as paying bills, organizing assets, entering contracts, and handling property-management tasks ordered by the court.
Mental Hygiene Law Article 81
Child Guardianship
A court may appoint a guardian for a child when one or both parents cannot care for the child. A guardian for a child generally has decision-making authority similar to a parent.
Surrogate's Court Procedure Act Article 17
Article 17-A Guardianship
A Surrogate's Court judge may appoint an Article 17-A guardian for an intellectually or developmentally disabled adult who cannot make decisions for themselves. New York Courts describes this as the most restrictive guardianship type in New York.
Surrogate's Court Procedure Act Article 17-A
The New York guardianship court process
Step 1
File a case in Supreme Court or County Court and prove that a guardian is necessary
Step 2
Serve and notify required parties as directed by the court
Step 3
Attend a hearing where the judge listens to testimony and evidence
Step 4
If appointed, finish required guardian training and court approval steps
Step 5
Follow the order and judgment specifying which decisions the guardian can make
Alternatives to consider before guardianship
Supported Decision-Making
Mental Hygiene Law Article 82 covers supported decision-making. New York Courts lists supported decision-making as a less restrictive option to consider before Article 17-A guardianship.
Mental Hygiene Law Article 82
Power of Attorney
A financial power of attorney may allow a trusted agent to help with money and property decisions while the principal has capacity to create it.
Health Care Proxy
A health care proxy can name an agent for medical decisions and may avoid some health-care decision gaps when signed before incapacity.
Trust Planning
A trust can provide asset-management authority for property placed in the trust, but it does not replace a court order for personal-needs guardianship.
Emergency guardianship and planning ahead
Emergency guardianship: Emergency or temporary relief may be available through the court, but the exact process depends on the guardianship track, county, and requested powers.
Frequently asked questions
What is guardianship in New York?
What are the alternatives to guardianship in New York?
Do I need a lawyer to file for guardianship in New York?
Guardian vs. conservator in New York: what is the difference?
Statutes and sources
Not sure guardianship is the right step?
Guardianship is a court process that removes a person's legal rights, so New York courts expect families to rule out less-restrictive options first. Review the alternatives on this page, and consider speaking with an elder-law attorney about your situation.
Information current as of June 3, 2026
This content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in New York can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.