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 filed in the Nassau County Surrogate’s Court (and in certain circumstances may also be heard in Supreme Court or Family Court). The court’s overriding concern is always the best interests of the child, and once appointed, a guardian assumes real, court-supervised duties. This guide explains who needs minor guardianship, how the Surrogate’s Court process works on Long Island, what a guardian’s responsibilities are, and how this differs sharply from adult guardianship.
When Is Guardianship of a Minor Needed in Long Island?
A minor cannot legally make many of their own decisions, sign contracts, manage significant assets, or consent to certain medical care. Normally, the child’s parents hold this authority. A guardianship under SCPA Article 17 becomes necessary when no parent is available or able to act, such as when:
- Both parents have died or are deceased and no surviving parent can serve.
- A parent is incapacitated, incarcerated, or otherwise unable to care for the child.
- A minor has inherited money or property, or received funds from a personal-injury settlement or life-insurance policy, and an adult must be appointed to manage those assets.
- A relative (often a grandparent, aunt, uncle, or older sibling) is already raising the child and needs legal authority to enroll the child in school, consent to medical treatment, or access benefits.
There are two distinct components of minor guardianship under Article 17, and a court may grant one or both:
| Type of Guardianship | What It Covers |
|---|---|
| Guardian of the Person | Day-to-day care, custody, housing, education, and medical decisions for the child. |
| Guardian of the Property | Management of the minor’s money, inheritance, settlement proceeds, or other assets until age 18. |
When a child receives funds, the Surrogate’s Court frequently requires the guardian of the property to post a bond and to keep the assets in a restricted account that cannot be touched without court permission. This protects the child’s inheritance from misuse.
The SCPA Article 17 Process in Nassau County
Minor guardianship is initiated by filing a petition with the Surrogate’s Court. The petition identifies the child, the proposed guardian, the relationship between them, and the reason guardianship is needed. The general roadmap looks like this:
- Filing the petition. The proposed guardian files in the Nassau County Surrogate’s Court, attaching supporting documents such as the child’s birth certificate and, where applicable, death certificates of the parents.
- Notice to interested parties. Living parents and other interested persons must receive legal notice and have the opportunity to consent or object. A minor 14 years of age or older has the right to be heard and to nominate their own guardian, which the court will consider.
- Investigation and review. The court reviews the petition and the suitability of the proposed guardian, focusing on the child’s best interests.
- Hearing. If the petition is uncontested and the paperwork is in order, the matter may be resolved efficiently. If a parent or relative objects, the case becomes a contested guardianship requiring a more involved proceeding.
- Appointment and Letters of Guardianship. Once the court is satisfied, it issues Letters of Guardianship — the official document proving the guardian’s authority to act for the child.
Filing fees and bond amounts are set by statute and the court. We do not quote a fixed dollar figure here; the exact fees and any bond requirement should be confirmed with the Nassau County Surrogate’s Court at the time of filing.
To understand how minor guardianship fits within the broader landscape of New York guardianship law, see our Guardianship Overview.
A Guardian’s Duties and Ongoing Responsibilities
Becoming a guardian is not a one-time event — it is an ongoing, court-supervised role. A guardian of a minor’s property in particular has fiduciary obligations, including:
- Filing an initial inventory and accounting of the minor’s assets.
- Filing annual accounts with the court, documenting how the child’s money was managed and spent.
- Obtaining court approval before withdrawing restricted funds for the child’s benefit.
- Acting solely in the child’s best interests, never commingling the minor’s assets with the guardian’s own.
These responsibilities continue until the child turns 18, at which point the guardianship of the property typically ends and the young adult receives their assets. For a fuller explanation of what the court expects, review our guide to a guardian’s duties.
How Minor Guardianship Differs From Adult Guardianship
A frequent point of confusion is the difference between guardianship of a minor and guardianship of an adult. They are governed by different statutes and, importantly, often heard in different courts:
- Minors (SCPA Article 17) and adults with intellectual or developmental disabilities (SCPA Article 17-A) are handled in the Surrogate’s Court. Article 17-A grants a broad, plenary guardianship over a person who has a developmental or intellectual disability.
- Adults who become incapacitated (Mental Hygiene Law Article 81) are handled in the Supreme Court — in Nassau County, the Supreme Court, Nassau County — not the Surrogate’s Court. Under MHL §81.02, an Article 81 guardian is appointed only after the court finds incapacity by clear and convincing evidence and tailors the guardian’s powers under the least restrictive alternative principle. The court also appoints a court evaluator (MHL §81.09) to investigate.
In short: a child or a person with a developmental disability goes to Surrogate’s Court; an adult who loses capacity later in life (for example, due to dementia or a stroke) goes to Supreme Court under Article 81. If your situation involves an adult, see our Article 81 Guardianship page.
Alternatives Worth Considering
Guardianship is a significant step. For older minors approaching adulthood, or for families managing modest assets, there may be less restrictive options. For an adult, tools such as a durable power of attorney, a health care proxy, a living trust, supported decision-making, or a representative payee arrangement can sometimes make a formal guardianship unnecessary. While these alternatives are most relevant to adults, understanding them helps families plan ahead — particularly for a child with a disability who is approaching age 18. Learn more on our alternatives to guardianship page.
Frequently Asked Questions
Which court hears guardianship of a minor in Long Island?
Petitions under SCPA Article 17 are most commonly filed in the Nassau County Surrogate’s Court. Depending on the circumstances, certain minor guardianship matters may also be brought in Supreme Court or Family Court.
Do both parents have to agree to the guardianship?
Any living parent is entitled to legal notice and an opportunity to consent or object. If a parent objects, the matter becomes a contested guardianship and the court will hold a hearing focused on the child’s best interests.
Can a teenager choose their own guardian?
A minor who is 14 years of age or older has the right to be heard and may nominate a proposed guardian. The Surrogate’s Court considers that nomination but is not bound by it; the child’s best interests control.
What happens to the guardianship when the child turns 18?
Guardianship of a minor generally ends at age 18. A guardian of the property must typically file a final accounting and turn over the remaining assets to the young adult. If the person has a developmental disability, the family may consider an SCPA Article 17-A guardianship as adulthood approaches.
Speak With a Long Island Guardianship Attorney
Whether you are stepping in to raise a relative’s child, protecting a minor’s inheritance, or planning for a child with a disability, the Surrogate’s Court process deserves careful, experienced guidance. Morgan Legal Group helps Long Island and Nassau County families secure guardianship the right way — and avoid costly missteps. To discuss your situation with Russel Morgan, Esq., schedule a consultation here.
Further reading from Morgan Legal Group: how Article 81 guardianship works.