Morgan Legal Group serves families across Rochester — from Park Avenue and the South Wedge to Greece, Irondequoit, and Pittsford — who need guidance navigating Monroe County’s guardianship courts. Whether you are considering a petition or simply exploring alternatives to guardianship, attorney Russel Morgan, Esq. is ready to help.
What to Expect When You Reach Out
We assess your situation and match it to the right legal path:
| Situation | Court | Law |
|---|---|---|
| Adult with incapacity (injury, dementia) | Supreme Court, Monroe County | MHL Article 81 |
| Minor needing a guardian | Surrogate’s Court (or Supreme/Family) | SCPA Article 17 |
| Adult with intellectual/developmental disability | Surrogate’s Court, Monroe County | SCPA Article 17-A |
Article 81 petitions in Monroe County are heard in Supreme Court — never Surrogate’s Court. The court must find incapacity by clear and convincing evidence and appoint a Court Evaluator (MHL §81.09) before granting any order. Powers are limited to what is strictly necessary under the least-restrictive-alternative principle (MHL §81.02).
If a durable power of attorney or health care proxy already exists, an Article 81 proceeding may be avoidable entirely — we review that first.
Schedule a free 30-minute consultation to discuss your Monroe County matter.
Further reading from Morgan Legal Group: how trusts work in New York.