Published: July 22, 2025
If you are seeking information on Article 81 Guardianship in Brooklyn, this article will provide you with crucial insights and guidance.
Why Brooklyn Families Choose RK Law PC for Article 81 Guardianship In Brooklyn
From Bay Ridge’s tight‑knit communities to Bed‑Stuy brownstone owners aging in place, Brooklyn residents face unique challenges when incapacity strikes. RK Law PC helps families obtain Article 81 guardianships, ensuring loved ones remain protected and their finances secure.
Local proof point: Our attorneys appear routinely in Kings County Guardianship Part at 360 Adams Street, Brooklyn, NY 11201.
Understanding the Kings County Article 81 Guardianship in Brooklyn Process
Step 1: Determine Necessity & Venue
Petitions for adults who reside in Brooklyn or own real property here are filed in the Kings County Supreme Court, Guardianship Part under Mental Hygiene Law (MHL) § 81.05.
Step 2: Draft & File the Petition
Include detailed allegations of functional limitations, proposed powers, a recent medical affidavit, and a Request for Judicial Intervention (RJI). Filing fees total $45 for the RJI plus $210 for the Petition Index Number.
See our Guide
Step 3: Court Evaluator Appointment
Per MHL § 81.09, the Court appoints a neutral Evaluator—often a Brooklyn elder‑law attorney—to investigate the AIP’s circumstances and report back within 28 days.
Step 4: Personal Service & Notice
Serve the Alleged Incapacitated Person (AIP) personally at least 14 days before the hearing; serve interested relatives by mail. Failure to follow MHL § 81.07 notice rules is the #1 cause of adjournments in Kings County.
Step 5: Guardianship Hearing
Held in the courtroom. RK Law PC presents testimony and functional evidence Read more about what happens at an Article 81 Guardianship in Brooklyn.
Step 6: Issuance of Order & Commission
If the Court finds guardianship necessary, it issues an Order & Judgment and a Commission to Guardians.
Step 7: Post‑Appointment Compliance
- 90‑Day Initial Report (MHL § 81.30) filed electronically via NYSCEF.
- Annual Accountings reviewed by the King’s County Examiner at 360 Adams Street, Room 100.
- Bond: Corporate surety bonds are often sourced locally through brokers on Court Street.
Common Guardianship in Brooklyn Questions
How long does an Article 81 guardianship take in Brooklyn?
Petitioners usually testify. Any relevant witneses also testify. You have to prove your case by clear and convincing evidence.
RK Law PC offers hourly and flat‑fee arrangements starting at $4,500, plus filing fees and evaluator costs.
Neighborhood Factors That Impact Guardianship in Brooklyn
- Co‑op Residents in Sheepshead Bay: Boards may require guardian background checks before approving transfers.
- Brownstones in Carroll Gardens: High property values often necessitate guardians with broad real‑estate powers under MHL § 81.21.
- Coney Island Seniors: Medicaid home‑care services must be coordinated with guardianship orders to avoid service interruptions.
Alternatives to Article 81 Guardianship in Brooklyn
There are alternatives to guardianship.
- Statutory Short Form Power of Attorney (GOL § 5‑1501) with local notary acknowledgment.
- Health Care Proxy under Public Health Law § 2981 filed at Brooklyn hospitals.
- Community based trusts (e.g., NYSARC) for Medicaid eligibility.
Contact Us to Discuss Article 81 Guardianship in Brooklyn
Schedule a Free Consultation
Contact us to discuss your Brooklyn guardianship needs with RK Law PC.
Serving all of Brooklyn: Crown Heights • Flatbush • Williamsburg • Greenpoint • Sunset Park • Marine Park
For more information, please contact NYC Probate Litigation, Guardianship, Probate, and Estate Planning attorney Regina Kiperman:
Phone: 917-261-4514
Fax: 929-556-2089
Email: rkiperman@rklawny.com
Or visit her at:
40 Wall Street
Suite 2508
New York, NY 10005
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