Guardianship Lawyer Westchester County, NY

When a family member can no longer manage their own affairs—whether due to age, illness, or an unexpected crisis—obtaining legal guardianship becomes an urgent priority. You may need guardianship of an aging parent in White Plains, a minor child in Yonkers, or an adult relative in New Rochelle. In every situation, the process in Westchester County follows specific court procedures grounded in New York law. Law Offices Of SRIS, P.C. represents clients in guardianship proceedings throughout the county. Mr. Sris and the firm’s Of Counsel attorneys bring extensive combined legal experience—each matter receives careful attention tailored to the family’s circumstances. To discuss your situation, call (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

Last reviewed: July 2026

What Guardianship Means in Westchester County

Guardianship in New York divides into two broad categories: guardianship of a minor and guardianship of an adult who needs help with personal or financial decisions. The courts that hear these matters in Westchester County depend on the type of guardianship sought.

Adult guardianship falls under Article 81 of the New York Mental Hygiene Law. A party seeking guardianship files a petition in Westchester County Supreme Court. The court may appoint a guardian of the person, a guardian of the property, or both. The appointment is based on a functional-capacity assessment—the court focuses on what the individual can still do and what support they need, not on a diagnosis. A court evaluator, appointed under MHL § 81.09, investigates the circumstances and reports to the judge. If an emergency exists, a temporary guardian may be appointed under MHL § 81.23.

Guardianship of a minor typically proceeds in Westchester County Family Court or, for certain estate-related matters, in Surrogate’s Court. Family Court Act provisions govern custody and guardianship of children when parents are unavailable or unable to care for them. A standby guardian designation under Surrogate’s Court Procedure Act § 1726 can also be put in place by a parent facing a progressive illness. Regardless of the forum, the court applies a best-interests standard and requires notice to all interested parties.

Understanding the procedural landscape is essential. The Westchester County Supreme Court at 111 Dr. Martin Luther King Jr. Blvd in White Plains handles adult guardianship petitions; the Family Court and Surrogate’s Court, also located in the county complex, handle child-related and estate guardianship matters. Every petition must be supported by affidavits, medical documentation where appropriate, and a detailed proposed plan for the individual’s care and finances.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Guardianship Cases

Mr. Sris and the firm’s Of Counsel attorneys take a practical approach to guardianship representation—guiding families through the procedural requirements while keeping the focus on the individual’s well‑being. The process begins with a thorough consultation to understand the family dynamics, the person’s condition, and the specific authority needed. Whether the goal is a plenary guardianship, a limited guardianship, or a standby designation, the firm’s Of Counsel attorneys work to tailor the pleadings to the facts.

In adult guardianship matters, the firm prepares and files the petition and supporting papers in Westchester County Supreme Court. Counsel coordinates with medical providers to obtain the necessary assessments, presents the proposal to the court evaluator, and represents the petitioner at the hearing. If objections arise—from family members or the alleged incapacitated person—the firm’s Of Counsel attorneys are prepared to litigate the contested issues while pursuing a resolution that serves the individual’s interests. For minor guardianships, the firm handles all appearances in Family Court or Surrogate’s Court, negotiates with other interested relatives, and ensures that the guardianship order addresses custody, visitation, and support.

Throughout the case, the firm’s Of Counsel attorneys keep clients informed about court dates, required documentation, and any statutory deadlines. After the guardianship is established, the firm advises on the guardian’s ongoing obligations, including annual accountings and reports, and assists with post‑appointment modifications when circumstances change. The focus remains on achieving a stable, legally sound arrangement while respecting the dignity of the person under guardianship.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997. A former prosecutor, he brings a trial‑tested perspective to every matter. Mr. Sris is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and he personally oversees the firm’s guardianship practice in Westchester County.

The firm’s Of Counsel attorneys contribute extensive experience across family and estate matters. Collectively, Mr. Sris and the firm’s Of Counsel attorneys have extensive combined legal experience. Results may vary. The team works collaboratively on each case, drawing on multi‑jurisdictional knowledge and a practical understanding of how Westchester courts operate.

Frequently Asked Questions

What is the difference between guardianship and power of attorney in New York?

A power of attorney is a voluntary document signed by a competent person, while a guardianship is a court-ordered arrangement imposed when the person cannot manage their own affairs. A power of attorney takes effect without court involvement and can be revoked at any time. Guardianship requires a judicial finding of incapacity or unavailability, and the guardian acts under court supervision. In many cases, a durable power of attorney and health care proxy can avoid the need for a guardianship proceeding, but when those documents were never signed or the agent is not acting appropriately, guardianship may be the necessary path.

Who can file for guardianship in Westchester County?

Any interested person—a spouse, adult child, parent, relative, or concerned friend—may petition the court for guardianship. For adult guardianship under Article 81, the petitioner must demonstrate a relationship to the alleged incapacitated person and a good‑faith basis for the proceeding. The court may also initiate a guardianship on its own motion. For a minor, a relative or other person with a legitimate interest can file. The court will evaluate the petitioner’s suitability before appointing a guardian.

Does the court require a medical evaluation for guardianship?

Yes, the court requires evidence of the person’s functional limitations, typically through medical or psychological evaluations. In Article 81 proceedings, the petitioner submits affidavits from treating physicians or other qualified professionals describing the individual’s capacity to manage personal and financial affairs. The court‑appointed evaluator also gathers and reports clinical information. The goal is not to stigmatize a diagnosis but to establish what specific support the person needs.

How long does the guardianship process take in Westchester County?

The timeline varies based on the court’s calendar, the complexity of the matter, and whether the petition is contested. An uncontested adult guardianship that is fully documented and has no objections may proceed to a hearing relatively efficiently. If family members dispute the need for guardianship or the proposed guardian, the case can extend substantially. Emergency temporary guardianship can often be obtained more quickly when there is an imminent risk to the person or their assets.

Can a guardianship be contested?

Yes, any interested party—including the alleged incapacitated person—can oppose the guardianship petition. The court holds a hearing where each side presents evidence. The alleged incapacitated person has the right to counsel, and the court will appoint an attorney if they cannot afford one. Contested guardianship litigation requires thorough preparation, often involving multiple medical experts and testimony about the person’s daily functioning. The firm’s Of Counsel attorneys represent petitioners and respondents in contested guardianship proceedings.

Do I need a lawyer to file for guardianship in Westchester County?

While you are not legally required to have an attorney, navigating the guardianship process without representation can be challenging. The petition and supporting documents must meet strict statutory requirements, and any procedural error can delay or defeat the case. An experienced attorney can ensure the petition is properly framed, coordinate the necessary evaluations, and present the case to the court evaluator and judge. For a consultation about a guardianship matter in Westchester County, reach Mr. Sris and the firm’s Of Counsel attorneys at (888) 437-7747.

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