Protecting Families Across All Five Boroughs
NYC Guardianship Attorneys
When a loved one can no longer make safe decisions, you need legal authority — fast. LGK Lawyers handles Article 81 guardianship proceedings in every New York City borough, from emergency petitions to contested hearings.
Guardianship Situations We Handle in NYC
Every family's situation is different. If any of these sound familiar, guardianship may be the right path — and we can tell you for certain during a free consultation.
01
A Parent Who Can No Longer Manage
Your mother or father has dementia, Alzheimer's, or a cognitive decline that makes it unsafe for them to handle finances or medical decisions on their own.
03
Contested Guardianship
Another family member disagrees about who should serve as guardian, or the person is resisting the petition. We handle contested proceedings in New York City Supreme Court.
02
Emergency Situations
A family member is in immediate danger — financial exploitation, medical neglect, or a health crisis that requires someone to step in now. We file emergency petitions in NYC courts.
04
Transition from Power of Attorney
A power of attorney was never signed, was revoked, or is no longer sufficient because your loved one's condition has worsened beyond what a POA covers.
05
Emergency Protections: Freezing Assets
If you suspect financial abuse, you cannot wait months for a trial. We can petition the court for a Temporary Restraining Order (TRO) under MHL § 81.23. This can enjoin a person from selling property or draining accounts immediately upon the commencement of the case.
Dealing With a Guardianship Situation in NYC?
Talk to an attorney who handles these cases every day. Your first call is free.
Or call our NYC office: (347) 919-6050
20-minute call. No obligation.
What Happens After You Reach Out
What to Expect When You Call
Free 20-Minute Call
Tell us what's going on. We'll listen, ask a few questions, and give you an honest assessment of whether guardianship is the right option.
We Review Your Situation
If you move forward, we gather the details — medical documentation, family dynamics, financial picture — and prepare your petition for the right NYC court.
We Handle the Court Process
From filing through final hearing, we represent you in New York City Supreme Court. You'll know what's happening at every step.
What Evidence Do You Need to File?
Strong petitions are built on specific, documented evidence. The most persuasive types of evidence include:
Medical records from treating physicians documenting the person's diagnosis and functional limitations. A letter or affidavit from a doctor directly addressing the person's capacity is extremely valuable.
Financial records showing evidence of exploitation, unpaid bills, missed medications, or other consequences of the person's inability to manage their affairs.
Affidavits from family members, home health aides, neighbors, or social workers who have direct, firsthand observations of the person's condition and behavior.
Documentation of specific incidents — missed medications resulting in hospitalization, financial exploitation by a third party, dangerous living conditions — gives the court concrete examples rather than general characterizations.
The more specific and documented your evidence, the stronger the petition.
Step-by-Step: How to File for Article 81 Guardianship in NYC
File the Petition
1
The petition is filed in New York Supreme Court in the county where the AIP lives. In Manhattan, that is the Supreme Court at 60 Centre Street. The petition must include detailed factual allegations about the person's condition, their functional limitations, and the specific powers being requested.
The Court Appoints a Court Evaluator
2
Once the petition is filed, the court appoints a neutral Court Evaluator — typically an attorney or mental health professional — to investigate and report to the court. The Court Evaluator will interview the AIP, review medical records, speak with family members, and assess the living situation.
The Hearing
Article 81 requires that the AIP be present at the hearing unless the court determines they cannot attend. The hearing gives the AIP the opportunity to contest the petition. The petitioner presents evidence; the Court Evaluator presents their findings; and the Justice makes a decision.
3
The Justice Issues an Order
4
If the court finds by clear and convincing evidence that the person is incapacitated, it will issue an Order and Judgment appointing a guardian and specifying their powers.
Guardian Qualification and Ongoing Reporting
5
After appointment, the guardian must be qualified by the court, file a bond (in most cases), and submit annual reports accounting for their decisions and the person's status.
What Happens After Guardianship Is Granted?
A guardian's responsibilities are significant and ongoing. After appointment, a guardian must:
Make decisions solely in the best interest of the person under guardianship
File an Initial Report within 90 days of appointment
File Annual Reports with the court detailing the person's condition and all decisions made
Maintain detailed financial records
Seek court approval for major decisions such as the sale of real property
Courts take guardian accountability seriously. Failure to file reports or mismanagement of a ward's assets can result in removal and personal liability.
NYC Courts and Boroughs We Cover
The Five Boroughs
Manhattan (New York County Supreme Court)
Brooklyn (Kings County Supreme Court)
Queens (Queens County Supreme Court)
Bronx (Bronx County Supreme Court)
Staten Island (Richmond County Supreme Court)
Surrounding Counties
Westchester County
Nassau County
Suffolk County
LGK Lawyers files Article 81 guardianship petitions in every New York City borough. Our Manhattan office at 165 Broadway, Floor 23 is our office location — but we appear in courthouses across the city and surrounding counties.
Emergency Article 81 Guardianship in NYC
Under Article 81 of New York's Mental Hygiene Law, a court may appoint a temporary emergency guardian when there is evidence that an allegedly incapacitated person is in immediate and substantial risk of serious harm. This is sometimes referred to as a "temporary guardian" or an "emergency temporary guardian."
Emergency temporary guardianship is not a separate legal proceeding from the standard Article 81 process — it is a faster track within that process, used when waiting for a full hearing would create unacceptable risk. The emergency appointment is temporary, typically lasting until the full guardianship hearing is held.
New York courts take emergency guardianship petitions seriously because they involve stripping an adult of decision-making authority with limited notice and hearing. To obtain emergency relief, the petitioner must demonstrate that:
The person faces immediate and substantial risk of serious harm to their health, safety, or welfare — or their financial assets are at immediate risk of dissipation or exploitation
The harm is likely to occur before a standard guardianship hearing could take place
A temporary guardian is necessary to prevent that harm
Courts will not appoint emergency guardians based on general concern about a parent's declining health. There must be a specific, documented risk of imminent harm that cannot wait.
What Is The Emergency Guardianship Process
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Step 1: Contact an Article 81 Attorney Immediately
Do not wait. Do not attempt to file an emergency guardianship petition on your own. The petition must meet specific legal standards, and the supporting documentation — medical records, financial statements, affidavits from family members and professionals — needs to be organized carefully. An experienced Article 81 attorney can assess whether the situation meets the emergency standard and begin preparing the filing immediately.
Step 2: File the Emergency Petition
Your attorney will file an Order to Show Cause in the Supreme Court of the county where the AIP resides — in New York City, that means New York County (Manhattan), Kings County (Brooklyn), Queens County, Bronx County, or Richmond County (Staten Island). The petition explains the specific emergency circumstances and requests immediate appointment of a temporary guardian.
Step 3: The Court Reviews and Sets a Hearing
A Justice reviews the petition and, if satisfied that the emergency standard is met, will sign an Order to Show Cause setting a hearing — often within a few days. In true emergencies, the court may appoint a temporary guardian simultaneously with issuing the Order to Show Cause, providing immediate protection while the hearing is arranged.
Step 4: Temporary Guardian Is Appointed
Once appointed, the temporary guardian has the specific authority granted by the court order — which may include authority over medical decisions, financial decisions, or both. The temporary guardian's authority lasts until the full Article 81 hearing, at which point the court may convert the temporary guardianship to a permanent one, modify it, or terminate it based on the evidence presented.
Who Can Serve as Emergency Guardian?
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Family members — particularly adult children — are frequently appointed as emergency guardians for a parent in New York. Courts generally prefer to appoint someone with a close relationship to the person, as long as there is no conflict of interest.
If there is family conflict about who should serve, or if no family member is suitable, the court can appoint a professional guardian or a social services agency to serve in that role.
What Happens If You Don’t Act in Time?
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This is a question families sometimes avoid facing directly — but it's the most important one.
If a parent is being financially exploited and no one intervenes, bank accounts can be emptied, homes can be transferred, and years of accumulated savings can disappear within weeks. Once assets are transferred, recovering them is difficult, expensive, and often only partially successful.
If a parent with severe dementia is refusing necessary medical care and no one has legal authority to authorize treatment, health outcomes deteriorate rapidly. Hospitals and care facilities are legally restricted in what they can do without an authorized decision-maker.
Emergency guardianship exists precisely because these situations are real and they happen every day. The purpose of the emergency process is to give families a legal tool that matches the urgency of the situation.
What Guardianship Costs in NYC
Guardianship costs depend on your family's situation — whether the case is contested, the complexity of the person's finances, and which borough you're filing in. There's no one-size-fits-all answer.
Here's what affects the cost:
Court filing fees —>
Court evaluator fees —>
Attorney fees —>
Contested vs. uncontested —>
Set by NY courts
Appointed by the judge
Based on case complexity
Biggest cost factor
During your free consultation, we'll walk through the details of your case and give you an honest, realistic cost breakdown — before you commit to anything.
Why You Shouldn’t File Article 81 Pro Se
The Risks of DIY Petitions
Filing a petition without counsel in NYC is risky due to strict due process requirements.
The 14-Day Rule: Under Mental Hygiene Law § 81.07, the AIP generally must be personally served at least 14 days prior to the hearing.
Service Errors: If you fail to properly identify and serve every "party in interest" (including cousins or distant relatives if no closer kin exist), the Court can dismiss your case, forcing you to restart the process while your loved one’s bills go unpaid.
The Problem: Quasi-Parties
In NYC, it is common for "quasi-parties"—such as neighbors, landlords, or estranged siblings—to attempt to derail a hearing. They may not have a legal right to intervene, yet they often drag out litigation, draining the estate’s assets. At LGK Lawyers, our practice focuses on strict adherence to the Civil Practice Law and Rules (CPLR) to block unnecessary interventions and ensure the court focuses solely on the needs of the Alleged Incapacitated Person (AIP).
What Our Clients Say
★★★★★
"LGK Lawyers walked us through the Article 81 guardianship process in New York step by step. They handled everything with the Court and kept us informed the whole way. If you're dealing with an aging parent in New York City and need a guardianship attorney, I can't recommend them enough."
JGD · Verified Google Review
Prior results do not guarantee a similar outcome.
Frequently Asked Questions
How long does an Article 81 Guardianship case take in NYC?
The Article 81 process typically takes 4 to 8 weeks from petition filing to guardianship order for uncontested cases. Emergency guardianship orders can be obtained much faster — sometimes within days — when there's an immediate risk to the person's safety or finances. Contested cases take longer depending on complexity.
Can I file for guardianship in any borough
The petition is typically filed in the county where the person who needs a guardian lives. If your loved one lives in Brooklyn, for example, you'd file in Kings County Supreme Court. LGK Lawyers handles guardianship cases across all five boroughs.
Does the person being protected have any rights in this process?
Absolutely. The AIP has the right to be present at the hearing, the right to their own attorney, and the right to contest the petition. Article 81 was specifically designed to protect the rights and dignity of the person being protected, not just the petitioner's interests.
Do I need a lawyer for guardianship in New York City?
You're not legally required to have an attorney, but guardianship proceedings in NYC involve court filings, hearings before a judge, a court-appointed evaluator, and strict legal requirements under Mental Hygiene Law Article 81. Most families find that having experienced legal counsel makes the process significantly smoother and reduces the risk of delays or complications.
How much does guardianship cost in NYC?
Guardianship costs in New York City depend on several factors — whether anyone opposes the petition, the complexity of the person's finances, court evaluator fees (set by the judge), and filing fees set by the courts. Every case is different, and we don't believe in quoting numbers without understanding your situation first. During your free consultation, we'll give you a realistic cost breakdown based on the specifics of your case.
Can I get emergency guardianship without the vulnerable person's consent?
Yes, that's the whole point of emergency guardianship. The vulnerable person doesn't consent to or agree to the guardianship. However, they can oppose the guardianship—the court will consider their objections, though opposition doesn't prevent emergency guardianship if danger is imminent.
Related Practice Areas
Estate Planning
Wills, trusts, powers of attorney, and health care proxies for New York families.
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