Whether a loved one in Hempstead, Garden City, or Massapequa is no longer able to manage their own affairs — or a Nassau County family needs protection for a minor or adult child with disabilities — the path to legal guardianship begins with identifying the right court and track.
Which Court Handles Guardianship in Nassau County?
The answer depends on who needs the guardian:
| Situation | Governing Law | Court |
|---|---|---|
| Adult incapacitated person (AIP) | MHL Article 81 | Supreme Court, Nassau County |
| Minor’s person or property | SCPA Article 17 | Nassau County Surrogate’s Court |
| Developmentally/intellectually disabled person | SCPA Article 17-A | Nassau County Surrogate’s Court |
Adult guardianship is never filed in the Surrogate’s Court. Under MHL Article 81, the Supreme Court appoints a guardian only when clear and convincing evidence shows the person cannot manage property or personal needs and is likely to suffer harm as a result.
How the Article 81 Process Works
- File an Order to Show Cause and Verified Petition in Supreme Court, Nassau County
- Court appoints a Court Evaluator (and often independent counsel for the AIP)
- The AIP has the right to attend and contest the hearing
- If granted, powers must be the least restrictive intervention necessary
- Guardian files an initial report within 90 days and annual reports thereafter; minimum four in-person visits per year
Before pursuing guardianship, courts expect families to explore alternatives — a Durable Power of Attorney (GOL §5-1513), Health Care Proxy, or Supported Decision-Making Agreement may be sufficient.
Learn more about Article 81 guardianship, guardianship of minors, guardian duties, and contested proceedings.
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Further reading from Morgan Legal Group: New York elder-law planning.