Adult Guardianship Attorneys in Westchester County, New York
If a loved one needs help making decisions, start by understanding the available legal options. Our attorneys advise Westchester families on alternatives to guardianship and represent clients in Article 81 and Article 17-A proceedings. Schedule a consultation at our Tarrytown office or by video.
Milvidskiy Law Group P.C. handles adult guardianship matters for Westchester County residents from our Tarrytown office. In most cases these matters are heard by one of two Westchester courts, both of which sit in White Plains. We help New York clients coordinate an estate plan with property and family interests in other states. When another state’s law or local work is involved, we identify the additional legal assistance needed.
Key Takeaways:
- Article 81 petitions for Westchester residents are in most cases filed in Westchester County Supreme Court in White Plains, and the hearing can be held at the courthouse or at the person’s home or facility.
- Article 17-A guardianships for adults with intellectual or developmental disabilities are filed in Westchester County Surrogate’s Court, also in White Plains.
- Because Westchester homes often hold significant equity, the petition should ask from the start for the property powers that long-term care planning involving the house may require.
Where Westchester Guardianship Cases Are Heard
Westchester County has two courts that handle adult guardianship, and choosing the wrong one costs time.
- Westchester County Supreme Court, 111 Dr. Martin Luther King Jr. Blvd., White Plains, NY 10601, hears Article 81 guardianship proceedings for adults who have become incapacitated. The court maintains a dedicated guardianship part with its own procedures for filing the order to show cause, petition, and supporting papers.
- Westchester County Surrogate’s Court, 111 Dr. Martin Luther King Jr. Blvd., 19th Floor, White Plains, NY 10601, hears Article 17-A guardianships for adults with intellectual or developmental disabilities, as well as guardianships of minors.
As of this writing, both courts are open weekdays from 9 a.m. to 5 p.m., excluding state holidays. For a general explanation of the two statutes and how they differ, see our Adult Guardianship in New York page. This page focuses on how the process plays out for Westchester families.
Common Guardianship Situations in Westchester
- A parent aging in place with no documents. The house is paid off, the parent has early dementia, and no power of attorney was ever signed. The family needs authority to pay bills, deal with the bank, and plan for care.
- A hospital or nursing home petition. Facilities are among those the law permits to file. When a Westchester hospital or rehabilitation facility files first, the family often learns of it from the court evaluator’s visit and may need counsel quickly to propose a family member as guardian instead of a stranger.
- A young adult with disabilities turning 18. Parents planning for a child’s transition out of the school system need to decide between a 17-A guardianship, a limited Article 81 guardianship, or a supported decision-making arrangement.
- Suspected financial exploitation. A new companion, a home aide, or a relative has gained access to accounts. Article 81 allows the court to freeze assets and appoint a temporary guardian while the case proceeds.
- Family split between states. One sibling is in Westchester, another in Bergen County, New Jersey, or Fairfield County, Connecticut. The court will want to know who can realistically attend hearings, complete guardian training, and file reports.
What to Expect in a Westchester Article 81 Case, Step by Step
1. Assessment before filing
We start by reading whatever documents exist. A power of attorney or health care proxy signed years ago may still solve the problem, or may be the reason the problem exists. We also gather medical information that describes what the person can and cannot do, because the Article 81 standard turns on functional limitations, not a diagnosis.
2. Petition and order to show cause
We prepare a verified petition and a proposed order to show cause and file them with the Supreme Court in White Plains. The petition describes the person’s functional limitations, the specific personal-needs and property powers requested, the proposed guardian, and why less restrictive alternatives will not work. If there is immediate danger to the person or the assets, we ask for a temporary guardian or a restraining order in the same filing.
3. Court evaluator and counsel
When the judge signs the order to show cause, the court appoints a court evaluator, who will visit the person, often at home in the community or at a facility, explain the proceeding and the right to a lawyer, interview the petitioner, and report to the court. The court must appoint a lawyer for the person in several situations, including when the person asks for one, wants to contest, or objects to a proposed nursing home placement. Mental Hygiene Legal Service is often appointed in this role.
4. The hearing
Article 81 requires a hearing before any guardian is appointed, and the hearing must take place in the person’s presence unless the court finds that he or she cannot meaningfully participate. In Westchester that often means the hearing is held at the courthouse in White Plains, but the judge can hold it at a nursing home or hospital when the person cannot travel. Disputed facts can be tried to a jury if demanded.
5. Order, commission, and duties
If the court appoints a guardian, the order lists the exact powers granted. The guardian must complete a court-approved training program, file an initial report within 90 days, and file annual reports each May that a court examiner reviews. The court may require a bond, particularly where the guardian will control significant assets.
Choosing the Right Guardian for a Westchester Family
The court decides who serves, but the petition shapes that decision. We help families think through whether one child should serve alone or two should serve together, whether the person controlling finances should be a different person from the one making care decisions, and whether an out-of-state relative is realistic given the training, reporting, and hearing obligations. The person’s own preferences matter: the court evaluator will ask whom the person wants, and a nominee named in an earlier power of attorney or health care proxy will carry weight. Where no family member is suitable, the court can appoint a professional or a not-for-profit guardian.
Article 17-A Guardianships in Westchester Surrogate’s Court
For an adult with an intellectual or developmental disability, the petition goes to the Surrogate’s Court on the 19th floor at 111 Dr. Martin Luther King Jr. Blvd. in White Plains. The petition is supported by certifications from one licensed physician and one licensed psychologist, or two licensed physicians, and the court applies a best-interest standard. When both parents join the petition, the Surrogate may decide the matter without a hearing. Because 17-A guardianships are often broad, we also discuss with parents whether a narrower Article 81 guardianship or a supported decision-making agreement under New York’s Mental Hygiene Law Article 82 (as of this writing in September 2026) would better preserve the young adult’s independence. Our attorneys coordinate the guardianship with a supplemental needs trust and special needs planning.
Protecting the Home and Paying for Care
Many guardianship cases are also long-term care cases. A parent owns a home with substantial equity, needs nursing home care, and never did any planning. Article 81 lets the court authorize a guardian to make gifts, create trusts, and take other steps the person would have taken with capacity, subject to notice to heirs and beneficiaries and a detailed showing in the petition. We use this authority to pursue Medicaid planning in Westchester County through the guardianship, which can avoid a second court proceeding and may preserve options that would otherwise be lost. Where the person is at home, we build in the personal-needs powers required to hire and supervise aides, since the law does not permit nursing home placement over the person’s objection while it remains reasonable to keep him or her in the community.
Costs the Court Controls
Article 81 proceedings involve court-appointed participants whose compensation is set by the judge, including the court evaluator and, where appointed, counsel for the alleged incapacitated person. By statute those fees are generally payable from the incapacitated person’s assets unless the court finds the person indigent, and if a petition is dismissed the court may direct the petitioner to pay. A bond premium may also apply. We explain these components at the outset so families understand the full picture before filing.
Guardianship Counsel from Our Tarrytown Office
We meet with clients at our Tarrytown office in Westchester County, by video conference, and by phone. If you live elsewhere in New York State, see our Adult Guardianship in New York page. Contact us to schedule a consultation.
Meet with our team at 120 White Plains Road, Suite 420, Tarrytown, NY 10591, by appointment. Video and phone meetings are also available.
This page is provided for general informational purposes only and does not constitute legal advice. Laws change and figures are adjusted periodically. For advice about your situation, consult a qualified attorney.
Frequently Asked Questions
Where do I file an Article 81 guardianship petition for a parent who lives in Westchester?
In most cases, in the Westchester County Supreme Court at 111 Dr. Martin Luther King Jr. Blvd., White Plains, NY 10601, which maintains a guardianship part for these cases. The proceeding starts with an order to show cause and a verified petition describing your parent’s functional limitations, the powers requested, and the proposed guardian.
Will the hearing be at the White Plains courthouse or at my mother’s nursing home?
Article 81 requires the hearing to be held in your mother’s presence, either at the courthouse or where she lives, unless the court finds she cannot meaningfully participate. The court evaluator reports on whether she can come to court, and the judge decides. The statute permits the hearing to be held at a nursing home or hospital when travel is impossible.
The hospital says it will file for guardianship of my father. What does that mean for our family?
New York law allows the chief executive of a hospital or nursing home to petition for guardianship of a patient or resident. If a Westchester facility files first, the family should appear on the return date and can propose a family member as guardian rather than a stranger. Expect the court evaluator to contact you, and contact counsel before that visit if you can.
My brother lives in New Jersey. Can he serve as guardian of our mother in Westchester?
The court decides who is suitable, and living outside New York is not by itself disqualifying. The court will consider whether he can realistically attend hearings in White Plains, complete guardian training, visit your mother, and file the initial and annual reports. Our attorneys practice in New Jersey as well as New York, so we can support a guardian on either side of the Hudson.
Our son with Down syndrome turns 18 next year. Where do we file?
An Article 17-A petition is filed in the Westchester County Surrogate’s Court on the 19th floor at 111 Dr. Martin Luther King Jr. Blvd. in White Plains. It must be supported by certifications from one licensed physician and one licensed psychologist, or two licensed physicians. When both parents join the petition, the Surrogate may decide it without a hearing. We also discuss whether a supported decision-making agreement or a limited Article 81 guardianship would fit your son better.
Can the guardian protect my parents’ Westchester home if my father needs a nursing home?
Depending on the facts, yes. Article 81 allows the court to authorize a guardian to make gifts, create trusts, and take other steps your father would have taken with capacity, provided the petition discloses his will or trust, the proposed transfers, and the reasons, with notice to heirs and beneficiaries. We combine this request with the guardianship petition so the court can consider the Medicaid plan in the same proceeding.
How long does a Westchester Article 81 case take?
There is no fixed timeline. The pace depends on the court evaluator’s investigation, whether anyone contests, whether a jury trial is demanded, and the court’s calendar. When your family member is in immediate danger or assets are at risk, we ask for a temporary guardian or a restraining order in the initial filing to address urgent needs while the case proceeds.
What is the court examiner, and how is that different from the court evaluator?
The court evaluator investigates before the hearing and reports on whether a guardian is needed. The court examiner reviews the guardian’s initial and annual reports after appointment to confirm the guardian is managing the person’s care and finances properly. Guardians in Westchester should expect questions from the court examiner and keep careful records from day one.
My mother signed a power of attorney years ago in New Jersey. Do we still need a guardianship?
Possibly not. Whether the document is sufficient depends on its terms, how it was signed, and whether banks and agencies will honor it. If it works, guardianship may be unnecessary, and the court will expect you to have tried. If an institution refuses to accept it, or it lacks the gifting authority needed for Medicaid planning, a guardianship or a court-approved protective arrangement may still be required. Bring the document to your first meeting.
Do Westchester guardians have to complete training?
Yes. New York requires every court-appointed guardian to complete a training program approved by the court system, and proof of completion is filed with the initial report due 90 days after the commission issues. The court can waive some or all of the requirement based on the guardian’s experience.
What if my siblings and I disagree about who should serve as guardian?
The case becomes contested, and the court evaluator is required to report on conflicts among family members. The court may appoint one sibling, co-guardians, or an independent guardian if no family member is appropriate. The alleged incapacitated person will have counsel, and disputed facts about incapacity can be tried to a jury. We represent petitioners and objecting family members and try to resolve these disputes before the hearing when possible.
