If you are navigating a guardianship matter in Orange County — from Newburgh and Middletown to Goshen, Port Jervis, or Warwick — Morgan Legal Group is ready to help. Attorney Russel Morgan, Esq. advises families on every track the law provides.
Which Court Handles Your Case?
The correct court depends entirely on who needs protection.
| Track | Governing Law | Court |
|---|---|---|
| Adult incapacitated person | MHL Article 81 | Supreme Court, Orange County |
| Minor’s person or property | SCPA Article 17 | Orange County Surrogate’s Court |
| Developmentally disabled person (often at age 18) | SCPA Article 17-A | Orange County Surrogate’s Court |
Article 81 guardianship is commenced by Order to Show Cause and Verified Petition before the Supreme Court, which then appoints a Court Evaluator. The incapacity standard requires clear and convincing evidence that the person cannot manage personal or property needs and faces likely harm as a result — the court grants only the least restrictive powers needed.
Before any filing, we assess whether a Durable Power of Attorney (GOL §5-1513), Health Care Proxy, or another alternative to guardianship can meet your family member’s needs without court involvement.
Whether your matter is straightforward or contested, our firm serves clients throughout Orange County with experience in both tracks and both courts.
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Further reading from Morgan Legal Group: .