Guardianship in New York: When Is It Needed and How Does It Work?

When a loved one can no longer manage their own affairs due to illness, disability, or aging, you may need to pursue guardianship. In New York, this legal process allows someone to step in and protect the person’s personal and financial interests.

When Is Guardianship Necessary?

Guardianship may be needed when a person:

Has advanced dementia or Alzheimer's
Suffers from severe mental illness
Was never able to make independent decisions due to developmental delays
Is at risk of abuse, neglect, or exploitation

What are the Types of Guardianship in New York?

Guardian of the Person: Manages healthcare and daily needs
Guardian of the Property: Manages assets and financial affairs
Guardian of the Person & Property: Both responsibilities combined

The Article 81 Guardianship Process

In Brooklyn, guardianship petitions are filed in Supreme Court under Article 81 of the Mental Hygiene Law. A hearing determines if guardianship is necessary and who should be appointed.

How to Avoid Guardianship with Proper Planning

Guardianship can often be avoided with advance legal tools like:

Get Help from a Brooklyn Elder Law Attorney

At Alatsas Law Firm, we help families petition for guardianship and plan ahead to avoid the need altogether.

Request a consultation or call (718) 233-2903.

Plan for Peace of Mind: Alatsas Law Firm's Personalized Long-Term Care Solutions

Planning for long-term care isn’t just about future medical needs—it’s about protecting the life you’ve built and the family you love. At Alatsas Law Firm, we’ve guided families through these important decisions for nearly 30 years, helping them face tomorrow with confidence. Your trust means everything to us, and we’re committed to looking out for you with kindness, respect, and expert guidance. Worried about the cost of care depleting your life savings? Concerned about maintaining dignity and independence as you age? We promise to stand beside you, creating a personalized plan that addresses your unique needs and wishes. Schedule your free, no-obligation consultation today, and take the first step toward securing your future care with dignity and financial protection. We’re here to listen to your concerns and create a long-term care plan that truly reflects your values while preserving what you’ve worked so hard to build.

Why Choose Us?

Experience. We’ve been proudly serving the community for over three decades—creating lasting relationships with our clients and their families. While every client is unique, our breadth of experience has given us the ability to handle a wide range of legal concerns.
Personal attention. As a small firm, we can provide the one-on-one attention and focus you deserve. You can be assured your satisfaction is our top priority.
Responsiveness. We are committed to keeping you updated as your case progresses and are always happy to answer any questions you may have about what to expect next. We want you to feel confident and in control of your future.
Empathy. Dealing with legal issues affecting your family and finances can be stressful. We understand your concerns and will proactively work to provide you with peace of mind as you move forward.