Rochester families facing a loved one’s declining capacity — whether an aging parent in Corn Hill, a disabled adult in the South Wedge, or a minor inheriting an asset — need to know which court governs and what the appointment process requires. Morgan Legal Group handles every track.
Which Court Handles Your Case?
| Situation | Governing Law | Court in Monroe County |
|---|---|---|
| Adult alleged to be incapacitated | MHL Article 81 | Supreme Court, Monroe County |
| Minor’s person or property | SCPA Article 17 | Monroe County Surrogate’s Court |
| Developmentally/intellectually disabled person (often turning 18) | SCPA Article 17-A | Monroe County Surrogate’s Court |
How Article 81 Appointment Works
Adult guardianship under MHL Article 81 begins with an Order to Show Cause and Verified Petition filed in Supreme Court, Monroe County. The court then appoints a Court Evaluator to investigate. Incapacity must be proven by clear and convincing evidence — that the person cannot manage property or personal needs and faces likely harm as a result.
Any powers granted must be the least restrictive intervention necessary. Learn more on our Article 81 guardianship page.
Alternatives the Court Expects You to Consider
Before filing, courts expect counsel to have explored:
- Durable Power of Attorney (GOL §5-1513)
- Health Care Proxy
- Supplemental/Special Needs Trust
- Supported Decision-Making
See our full alternatives to guardianship overview.
Ongoing Guardian Duties After Appointment
Once appointed, a guardian must file an initial report within 90 days, annual reports thereafter, and visit the incapacitated person at least four times per year. Full details on our guardian duties page.
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