Families across Nassau and Suffolk Counties — from Hempstead and Babylon to Smithtown and Riverhead — turn to Morgan Legal Group when a loved one can no longer protect themselves. Attorney Russel Morgan, Esq. guides families through every guardianship track filed on Long Island, each routed to the correct court.
Which Court Handles Your Case?
| Track | Governing Law | Court |
|---|---|---|
| Adult incapacitated person | MHL Article 81 | Supreme Court, Suffolk County |
| Minor’s person or property | SCPA Article 17 | Suffolk County Surrogate’s Court |
| Developmentally disabled adult | SCPA Article 17-A | Suffolk County Surrogate’s Court |
Adult guardianship under Article 81 is always filed in Supreme Court, Suffolk County — never the Surrogate’s Court. Courts require clear and convincing evidence of incapacity and mandate the least restrictive intervention possible.
Before petitioning, consider alternatives such as a durable Power of Attorney (GOL §5-1513) or Health Care Proxy. Where full guardianship is necessary, we handle contested proceedings and advise on ongoing guardian duties, including annual court reports and quarterly visits.
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