Guardianship Case
In New York State, a guardianship case can be started in Supreme/County Court, Surrogate’s Court, or Family Court. Where to go will depend on the age of the person who is said to need a guardian and that person’s needs and circumstances. For example:
| If the person is... | and... | then... |
|---|---|---|
| 17 years old or younger | inherited or was awarded any assets (for example: property, money)
OR one or both of a child's parents are unable to care for the child and there is property |
Start a Guardianship of a Child case in Surrogate's Court
|
| Start Guardianship of a Child case in Surrogate's Court | ||
| 20 years old or younger | one or both of a child's parents are unable to care for the child and there are no assets (for example: property, money) | Start a Guardianship of a Child case in Family Court |
| 18 years old or older | has intellectual or developmental disabilities (whether or not the person has property) | Start a Guardianship of an Intellectually or Developmentally Disabled Adult in Surrogate's Court |
| Any age | becomes incapacitated (a person who is incapacitated cannot protect his or her rights) |
Start a Guardianship for an Incapacitated Person (Article 81) case in Supreme Court or County Court |
and/or
