What Is a Court Evaluator in a Albany Guardianship Case?
In an Albany County adult guardianship case, a court evaluator is a neutral, independent investigator the court appoints to gather facts and report back so the judge can decide whether guardianship is necessary and, if so, how limited it should be. When an Article 81 guardianship petition is filed in the Supreme Court, Albany County […]
How to Become Guardian of an Aging Parent in Albany
To become guardian of an aging parent in Albany, you file an Article 81 guardianship proceeding under New York’s Mental Hygiene Law in the Supreme Court of Albany County — not the Surrogate’s Court — asking the judge to find that your parent can no longer manage their property and/or personal needs and is likely […]
How Much Does an Article 81 Guardianship Cost in Albany? (2026)
There is no single sticker price for an Article 81 guardianship in Albany — but most families should plan for a multi-thousand-dollar proceeding, and the total depends heavily on whether the case is contested. An uncontested Article 81 guardianship in Albany County typically involves attorney fees plus court-driven costs (such as the court evaluator and, […]
Guardianship of a Disabled Adult Child in Albany (SCPA 17-A)
If your child has a developmental or intellectual disability and is approaching or has passed their eighteenth birthday, the answer to “how do I keep making decisions for my disabled adult child in Albany?” is most often a SCPA Article 17-A guardianship, filed in the Albany County Surrogate’s Court. When a child turns 18, New […]
Article 81 Guardianship vs. Power of Attorney in Albany
If an aging parent or disabled relative in Albany can no longer manage their finances or personal care, you face a critical choice: pursue an Article 81 guardianship in court, or rely on a durable power of attorney signed before incapacity set in. The short answer is this — a power of attorney is a […]
How Long Does an Article 81 Guardianship Take in Albany County?
An uncontested Article 81 adult guardianship in Albany County typically takes roughly three to five months from the day the petition is filed in the Supreme Court, Albany County to the day the court signs the order and the guardian receives a commission. Most cases fall in that range because New York’s Mental Hygiene Law […]
Guardianship of a Minor in Albany (SCPA Article 17)
To obtain guardianship of a minor in Albany, you file a petition under SCPA Article 17 asking a court to appoint a responsible adult to make decisions for a child under 18 — guardianship of the person (the child’s care, custody, education, and medical decisions), guardianship of the property (money or assets belonging to the […]
Guardian of the Person vs. Property in Albany: What’s the Difference?
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 day-to-day care — while a guardian of the property is appointed to manage that person’s financial affairs, such as paying bills, handling income, and protecting assets. In […]
Contesting a Guardianship in Albany: Rights of the AIP
You can contest a guardianship in Albany. If someone has filed an Article 81 petition asking the Supreme Court, Albany County, to appoint a guardian over you or a family member, the person at the center of the case — the alleged incapacitated person, or “AIP” — has powerful, enforceable rights to oppose it. New […]
The Article 81 Guardianship Process in Albany (2026 Guide)
If a loved one in Albany can no longer manage their personal or financial affairs and no advance plan is in place, the Article 81 guardianship process is the legal pathway to protect them — and in Albany County, that proceeding is filed in the Supreme Court of the State of New York, Albany County, […]