Guardianship and estate planning are usually presented as separate services. They should not be. One is the answer to a person who is here now and cannot manage their affairs; the other is the answer to a person who is well and wants their wishes respected later. Done properly they reinforce each other.
When a family calls
Usually because something has already happened. A parent has fallen and cannot manage money. A sibling has begun making decisions that nobody authorised. Someone has been discharged from hospital and cannot get home. In these situations the family is asking two questions at once: what can we do now, and what should we have arranged before.
What guardianship actually is
A court proceeding in which a judge appoints someone to make decisions — personal, financial, or both — for an adult who cannot make them. There are different kinds: a guardian of the person handles health care and daily living; a guardian of the property handles money; and a guardian of both does everything. The court does not simply hand over control. It receives evidence, may require a hearing, and supervises the guardian afterwards.
What it is not
It is not the first step. It is a last resort, and the law is built that way deliberately — the court looks for the least restrictive arrangement that meets the person’s actual needs. A power of attorney that was signed while the person had capacity avoids the entire process. So does a health care proxy. Where those documents do not exist, options narrow.
The court matters
Which article applies determines which court hears the case, and people mix this up constantly. An Article 81 guardianship over an adult runs in Supreme Court. An Article 17-A guardianship over an adult with a developmental disability runs in the Surrogate’s Court. Guardianship of a minor under Article 17 also runs in the Surrogate’s Court. Filing in the wrong court costs weeks that often matter.
What to expect in Queens
A first meeting is mostly assessment. What can this person still do for themselves? What does a doctor say about capacity? What are the specific failures — bills unpaid, benefits not applied for, medication not managed? Who is available and willing to serve? From there it is a petition, supporting affidavit, medical evidence, service on the people entitled to notice, and a hearing. If nothing is contested it is mostly procedural. If it is contested, that is a different matter and a different piece of work.
The documents worth having now
- A power of attorney, drafted so it survives incapacity — an ordinary New York power of attorney generally does not
- A health care proxy signed on the state’s prescribed form
- A will naming an executor and, if relevant, a successor
- A revocation of any old power of attorney that is still in effect somewhere
- A clear written note of where the important documents are, and who holds them
That last one sounds trivial and is not. A power of attorney in a safe deposit box the person cannot reach, or a proxy known only to a sibling, is not a plan.
Local context
The office is at 118-21 Queens Boulevard, Suite 504 in Forest Hills, close to the Kew Gardens–Union Turnpike station and to Queens Borough Hall. Forest Hills, Rego Park and Kew Gardens have a great deal of co-op and condominium property, and co-op boards have their own financial and residency requirements that can complicate both guardianship and estate administration. Knowing that beforehand saves time later.
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Guardianship · 3 minute read · Published September 11, 2025