Guardianship and conservatorship in New York: who, where, cost

How a court can name a guardian or conservator in New York, what it costs and what to try first.

Checked against official sources: October 31, 2026.

Short answer

Guardian of the person and/or property (Mental Hygiene Law Article 81); guardian of a person with an intellectual or developmental disability (Surrogate's Court Procedure Act Article 17-A)

Filing fee
$210 index number fee to the county clerk, plus $95 when a request for judicial intervention is filed.
Court
Supreme Court in the county (Article 81); Surrogate's Court (Article 17-A).

What guardianship or conservatorship is

What it is called

Guardian of the person and/or property (Mental Hygiene Law Article 81); guardian of a person with an intellectual or developmental disability (Surrogate's Court Procedure Act Article 17-A)

When a court may appoint one

The court may appoint a guardian if it is necessary to provide for personal needs or to manage property, and the person agrees or is found incapacitated by clear and convincing evidence: likely to suffer harm because they cannot provide for their needs or property and cannot understand and appreciate that inability. The court must consider available resources such as powers of attorney and health care proxies, and grant only the powers needed, as the least restrictive form of intervention.

Law: Mental Hygiene Law § 81.02

Kinds
  • Guardian of the person
  • Guardian of the property
  • Guardian of the person and property, with only the powers the court grants
  • Temporary guardian
  • Article 17-A guardian (Surrogate's Court) for people with intellectual or developmental disabilities

Law: N.Y. Mental Hyg. Law §§ 81.02, 81.06, 81.29

Who can ask, which court and your own choice

Who may ask

The person alleged to be incapacitated, a presumptive distributee (heir), an executor or trustee where the person is a beneficiary or grantor, the person they live with, any person or agency concerned with their welfare (including the county department of social services), or the head of a facility where they live.

Law: Mental Hygiene Law § 81.06

Court

Supreme Court in the county (Article 81); Surrogate's Court (Article 17-A).

Choosing your own

You can nominate your own guardian in the petition or in a written instrument that is signed, acknowledged and filed in the court case before a guardian is appointed. The court must appoint that nominee unless it finds the person unfit or you say you no longer want them.

Law: Mental Hygiene Law §§ 81.17, 81.19(b)

Effect on a power of attorney

An agent must account to a guardian once one is appointed. If the court finds the power of attorney or health care proxy was made while the person was incapacitated, or the agent breached a fiduciary duty, it may modify, amend or revoke it and require the agent to account to the guardian.

Law: Gen. Oblig. Law § 5-1501A; Mental Hygiene Law § 81.29(d)

Cost, fee waiver and forms

Filing fee

$210 index number fee to the county clerk, plus $95 when a request for judicial intervention is filed.

Law: CPLR 8018(a); CPLR 8020(a)

Fee waiver

A person who cannot afford fees can ask to proceed as a poor person; no index number fee is charged to a poor person entitled by law to an exemption.

Law: CPLR 1101; CPLR 8018(b)

Other options and where to report abuse

Supported decision-making

Supported decision-making agreements

Effective 90 days after the Office for People With Developmental Disabilities' implementing regulations are published or adopted, whichever is later

An adult can choose supporters to help them understand information and make and communicate their own decisions. Supporters agree not to make decisions for the adult. The adult can change or revoke the agreement at any time.

In writing and dated, naming the decision-maker and at least one supporter, listing the decisions and kinds of support, with the supporters' attestation; signed by all supporters and executed by the decision-maker in front of two adult witnesses who are not supporters, or with a notary's attestation. To get the legal-recognition rules in § 82.11, it must also be signed by a facilitator or educator after a recognized facilitation or education process.

Source: Official text

Less restrictive options
  • Power of attorney and health care proxy: The court must consider these 'available resources' before appointing a guardian.
  • Family Health Care Decisions Act surrogate: A family member or close friend can make hospital, nursing home and hospice care decisions without a court order.
  • Supported decision-making agreement: Supporters help the adult make their own decisions.
Report abuse or exploitation

Adult Protective Services (local departments of social services, overseen by the NYS Office of Children and Family Services)

Call or text the Eldercare Locator to find your local adult protective services: 1-800-677-1116 · eldercare.acl.gov

Law: N.Y. Mental Hyg. Law §§ 82.10, 82.11

Free help in New York

Report abuse or exploitation

Adult Protective Services (local departments of social services, overseen by the NYS Office of Children and Family Services)

Questions about powers of attorney in New York

How does guardianship or conservatorship work in New York?

The court may appoint a guardian if it is necessary to provide for personal needs or to manage property, and the person agrees or is found incapacitated by clear and convincing evidence: likely to suffer harm because they cannot provide for their needs or property and cannot understand and appreciate that inability.

What does a guardianship or conservatorship cost in New York?

$210 index number fee to the county clerk, plus $95 when a request for judicial intervention is filed.

What are the alternatives to guardianship in New York?

Power of attorney and health care proxy; Family Health Care Decisions Act surrogate; Supported decision-making agreement.

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