A court evaluator is the neutral, independent investigator that a Long Island court appoints in an adult guardianship proceeding to gather the facts, interview everyone involved, and recommend to the judge whether a guardian is truly necessary — and if so, exactly what powers that guardian should have. In an Article 81 case brought in the Supreme Court of Nassau
To become the legal guardian of an aging parent in Long Island, you file a guardianship proceeding under New York Mental Hygiene Law (MHL) Article 81 in the Supreme Court of the county where your parent lives — for most of Long Island that means Nassau County Supreme Court (or Suffolk County Supreme Court). You start by submitting an Order
There is no single sticker price for an Article 81 guardianship on Long Island — the total cost depends on whether the case is uncontested or contested, how many cost drivers the court adds, and how complex the incapacitated person’s affairs are. As a realistic planning range, families should expect the combined attorney fees, court evaluator compensation, and related expenses
If your developmentally or intellectually disabled child is approaching their 18th birthday on Long Island, the legal tool you are most likely looking for is a guardianship under SCPA Article 17-A, filed in the Nassau County Surrogate’s Court. When a child turns 18, the law treats them as a legal adult — even if their disability means they cannot make
If a Long Island family is deciding between an Article 81 guardianship and a power of attorney (POA), the short answer is this: a power of attorney is a voluntary, advance-planning document that a person signs while they still have capacity, whereas an Article 81 guardianship is a court proceeding used when someone has already lost the ability to manage
Most uncontested Article 81 guardianship proceedings in Nassau County are resolved in roughly two to four months from the day the petition is filed in the Supreme Court, Nassau County, to the day the appointed guardian receives their commission and is qualified to act. A straightforward, unopposed case where the alleged incapacitated person (AIP) is clearly in need of help,
Guardianship of a minor in Long Island is a legal proceeding, governed primarily by Article 17 of the Surrogate’s Court Procedure Act (SCPA Art. 17), in which a court appoints a responsible adult to make personal and financial decisions for a child under the age of 18 when the child’s parents cannot. In Nassau County, these petitions are most commonly
The short answer: a guardian of the person is appointed to make decisions about an individual’s personal and medical needs — where they live, their health care, their daily care — while a guardian of the property is appointed to manage that individual’s finances, income, bills, and assets. In New York, a court can appoint one, the other, or both,
Yes — you can contest a guardianship in Long Island, and the law gives the alleged incapacitated person (AIP) powerful tools to do exactly that. When a petition for an adult guardianship is filed under Mental Hygiene Law (MHL) Article 81 in the Supreme Court of Nassau County, the person who is the subject of that petition is never a
On Long Island, the Article 81 guardianship process is the legal procedure for asking a court to appoint a guardian for an adult who can no longer safely manage their personal needs or financial affairs because of incapacity. It is governed by New York Mental Hygiene Law (MHL) Article 81, and — this is the part families most often get
If your loved one is struggling to manage finances or health decisions, you do not always need to go to court for a guardianship. Every Long Island family should know that New York law offers less restrictive alternatives — a durable Power of Attorney, a Health Care Proxy, a Living Trust, a Supplemental (Special) Needs Trust, and Supported Decision-Making —