Conservatorship Lawyer New York County (Manhattan) | SRIS,
Conservatorship Lawyer in New York County (Manhattan), NY
A conservatorship in New York County (Manhattan) is a court-ordered legal arrangement under the New York Mental Hygiene Law Article 81, where a conservator is appointed to manage the financial affairs of an incapacitated person. Law Offices Of SRIS, P.C. provides experienced legal guidance for families handling this complex process in Surrogate’s Court.
What Is a Conservatorship Under New York Law?
In New York, a conservatorship is a specific type of guardianship focused on property management, established under the Mental Hygiene Law Article 81. The court appoints a conservator (also called a guardian of the property) when an individual is found to be incapacitated—unable to manage their own financial resources effectively. This legal determination is distinct from a guardianship of the person, which concerns personal care and medical decisions. The primary goal is to protect the individual’s assets from waste, loss, or exploitation while preserving their autonomy to the greatest extent possible.
Last verified: April 2026 | New York County Supreme Court | New York State Legislature
Official New York Conservatorship Resources
Understanding the legal framework is critical. The New York Mental Hygiene Law Article 81 governs conservatorship proceedings. For local procedures, the New York County Supreme Court website provides forms and information for filings in Manhattan.
The Conservatorship Process in New York County (Manhattan)
Initiating a conservatorship in Manhattan requires a petition to the New York County Supreme Court, Surrogate’s Court Division. The court will appoint a court evaluator to investigate the alleged incapacitated person’s circumstances and report back. A hearing is then held where medical and other evidence is presented. If appointed, the conservator must post a bond, file an initial inventory, and submit detailed annual accountings to the court for review.
- File a petition for the appointment of a conservator in New York County Supreme Court, Surrogate’s Court Division.
- The court appoints a court evaluator to conduct an independent investigation and interview all parties.
- Attend the hearing with medical affidavits and other evidence demonstrating the need for a conservatorship.
- If appointed, obtain a bond, file an initial inventory of assets, and begin managing finances under court supervision.
- Submit detailed annual accountings and reports to the court for ongoing approval.
Duties and Responsibilities of a Conservator
In New York County, a conservator has a strict fiduciary duty to manage the incapacitated person’s assets prudently, avoid conflicts of interest, and act solely in their best interests.
A conservator’s role is defined by law and court order. Key responsibilities include:
- Creating a full inventory of all assets (bank accounts, real estate, investments).
- Paying legitimate bills and expenses for the individual’s care and support.
- Investing assets conservatively, following the “prudent investor” rule.
- Keeping meticulous, separate financial records for all transactions.
- Filing required annual accountings with the court for audit and approval.
- Seeking court approval for major transactions, like selling real estate.
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Conservatorship Matters
Law Offices Of SRIS, P.C., founded in 1997, brings a focused approach to conservatorship cases in New York. Our firm’s tagline, “Advocacy Without Borders,” reflects our commitment to client-centered representation in complex family and fiduciary matters. We understand the sensitive nature of these proceedings and work to achieve solutions that protect vulnerable individuals while respecting family dynamics.
Legal Guidance for Conservatorship in Manhattan
Our conservatorship law firm New York assists clients throughout the entire process. We prepare and file the initial petition, guide you through interactions with the court evaluator, represent you at the hearing, and ensure you understand your ongoing fiduciary duties post-appointment. We also defend against improper petitions or advocate for the removal of a conservator who is not fulfilling their duties.
Law Offices Of SRIS, P.C.
New York Location — Buffalo/NY area
50 Fountain Plaza, Suite 1400, Office No. 142
Buffalo, NY 14202
Toll-Free: (888) 437-7747 | Local: (838)-292-0003 | Local: (716) 229-4520
By appointment only.
Our New York location serves clients at New York County (Manhattan) courts. We represent individuals and families across Manhattan neighborhoods, including Midtown, Lower Manhattan, Upper East Side, Upper West Side, Harlem, Greenwich Village, SoHo, Tribeca, Chelsea, Hell’s Kitchen, East Village, Financial District, Chinatown, Washington Heights, and Inwood. For a conservatorship attorney New York residents can rely on, contact us for 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions: Conservatorship Lawyer New York
What is the difference between a guardian and a conservator in New York?
Yes, there is a key difference. In New York, a guardian (of the person) makes decisions about healthcare and living arrangements. A conservator (guardian of the property) is appointed specifically to manage financial affairs and assets under Mental Hygiene Law Article 81. One person can be appointed to both roles.
Who can petition for a conservatorship in Manhattan?
Any interested person can file a petition, including a family member, friend, or a agency like Adult Protective Services. The petition must be filed in the New York County Supreme Court, Surrogate’s Court Division, and must include detailed evidence of the individual’s incapacity to manage property.
How long does a conservatorship last?
It depends. A conservatorship remains in effect until the court terminates it. This can happen upon the individual’s regaining capacity (proven to the court), their death, or if the assets are exhausted. The conservator must petition the court to be discharged from their duties.
What are the alternatives to a conservatorship in New York?
Several less restrictive options may be available, including a durable power of attorney (if signed before incapacity), a joint bank account, a representative payee for government benefits, or a trust. A consultation with a conservatorship lawyer New York can determine the best approach for your situation.
Can a conservatorship be contested?
Yes. The alleged incapacitated person has the right to contest the petition, demand a jury trial, and be represented by their own attorney. Other interested parties can also object to the appointment of a specific person as conservator or to the finding of incapacity itself.
For related legal assistance, see our pages on Business Law in New York County and Civil Litigation in New York County. Learn more about our statewide practice on our New York Estate Lawyer hub page.
Last verified: April 2026. Information current as of verification date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
Under N.Y. Bus. Corp. Law § 101, state law governs this practice area.