Guardianship Lawyer Monroe County, NY

When a family member can no longer manage personal or financial decisions, a guardianship proceeding may become necessary. In Monroe County, New York, guardianship matters are governed by Article 81 of the New York Mental Hygiene Law. Law Offices Of SRIS, P.C., founded in 1997, represents clients throughout Monroe County—including Rochester, Irondequoit, Greece, Brighton, Pittsford, Fairport, Henrietta, Webster, Brockport, Penfield, Spencerport, and Gates—in guardianship petitions and contested proceedings. Mr. Sris, Owner and Founder, is admitted in New York and appears before the Monroe County Supreme Court and Family Court. The firm’s Of Counsel attorneys bring experienced, multi-state representation to matters involving guardian of the person appointments, guardian of the property appointments, and related family law issues. To discuss a specific situation, reach our location at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

On This Page

What Guardianship Means in Monroe County, New York

Article 81 of the New York Mental Hygiene Law provides the framework for adult guardianship in Monroe County. The statute replaced the former conservatorship system and focuses on a functional assessment of a person’s ability to manage personal needs and property affairs. A court may appoint a guardian of the person, a guardian of the property, or both, after determining that the individual is incapacited and that available resources and less-restrictive alternatives have been considered. The court’s inquiry is guided by a court evaluator, who investigates the circumstances and reports to the court. Monroe County Supreme Court, located at 99 Exchange Boulevard in Rochester, handles all Article 81 matters. The court sits in the 7th Judicial District and operates during regular business hours. Counsel appearing on family law matters should plan filings accordingly.

Monroe County Supreme Court Court hours: Mon-Fri 9:00AM-5:00PM. Counsel appearing on family law matters should plan filings accordingly.

Guardianship cases in Monroe County often arise after a health crisis, a diagnosis of dementia, or a sudden inability to manage finances. The process begins with a petition filed by a family member, an organization, or a public agency. The petitioner must show why a guardian is needed and present evidence supporting the alleged limitations. Because the outcome directly affects personal autonomy, the court applies a high standard of proof. The involvement of an experienced attorney helps ensure that the petition is properly prepared, that all statutory requirements are met, and that the proposed ward’s rights are protected throughout the proceeding.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Guardianship Cases

Mr. Sris and the firm’s Of Counsel attorneys approach guardianship matters with a focus on the individual’s well-being while protecting the legal interests of all involved. The process typically begins with a consultation to assess the situation—whether an adult has lost the capacity to manage healthcare decisions, finances, or both. The firm works with families, social workers, and care providers to gather the necessary documentation and to evaluate whether alternatives such as a power of attorney or a health care proxy remain viable. When a guardianship appears necessary, the firm prepares and files the petition with the Monroe County Supreme Court.

Once the petition is filed, the court appoints a court evaluator, who must meet with the person alleged to be incapacitated and report back. Mr. Sris and the firm’s Of Counsel attorneys coordinate with the evaluator and ensure that the proposed ward’s perspective is presented. If the matter is contested—for example, if a family member objects to the appointment or to the choice of guardian—the court schedules a hearing where each side presents evidence. The firm advocates for an arrangement that serves the best interests of the person while complying with Article 81’s procedural safeguards. The timeline for a guardianship proceeding varies depending on the complexity of the case, the court’s calendar, and whether any party contests the petition. The firm works to move matters forward efficiently while giving each case the attention it deserves.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997 and is admitted in New York, Virginia, Maryland, the District of Columbia, and New Jersey. A former prosecutor, Mr. Sris draws on extensive courtroom experience to guide families through sensitive guardianship proceedings. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Mr. Sris and the firm’s Of Counsel attorneys bring extensive combined legal experience to each matter. Results may vary.

The firm’s Of Counsel attorneys work with Mr. Sris on guardianship cases, contributing additional perspectives and litigation skill. They appear regularly in Monroe County courts and understand the procedural expectations of the 7th Judicial District. Together, the legal team focuses on practical solutions—whether seeking appointment of a guardian, defending against an unwarranted petition, or guiding a family toward a less-restrictive arrangement. To speak with Mr. Sris or a member of the firm’s Of Counsel team, call (888) 437-7747.

Frequently Asked Questions

What is the guardianship process under New York law?

New York’s Article 81 guardianship process requires a court hearing, a court evaluator’s report, and a determination that the person is incapacitated and that a guardian is the least restrictive means of meeting that person’s needs. The petitioner files a formal application with the Supreme Court in the county where the person resides. A judge appoints a court evaluator to interview the person and others, then holds a hearing to decide whether to appoint a guardian and, if so, to define the guardian’s powers. The process is designed to respect the person’s autonomy while providing necessary protection.

What is the difference between a guardian of the person and a guardian of the property?

A guardian of the person makes decisions about healthcare, living arrangements, and personal care, while a guardian of the property manages financial matters, real estate, and bill-paying. A court may appoint one guardian for both roles or separate guardians for each. The appointment depends on the needs of the incapacitated person and the availability of a suitable individual. The guardian of the property must file periodic accountings with the court to show how money is managed.

How do I petition for guardianship in Monroe County?

A guardianship petition in Monroe County is filed with the Monroe County Supreme Court at 99 Exchange Boulevard in Rochester, typically with the help of an attorney. The petition must include detailed information about the person’s condition, their current living situation, why a guardian is needed, and the proposed guardian’s relationship to the person. A filing fee applies; contact the clerk’s office or call (888) 437-7747 for current information.

When is guardianship necessary for an adult?

A guardianship becomes necessary when an adult lacks the capacity to make informed decisions about personal care or finances and no less-restrictive alternative—such as a durable power of attorney—has been previously arranged. The court evaluates whether the person can appreciate the consequences of their decisions. Situations often arise after a progressive illness, a traumatic brain injury, or a sudden mental health crisis. The court’s goal is to intervene only to the extent needed.

Do I need a lawyer for a guardianship proceeding?

While an individual may file a guardianship petition without an attorney, the requirements of Article 81 are complex, and the assistance of an experienced lawyer helps ensure that the petition meets the court’s standards and that the person’s rights are protected. The court will appoint an attorney for the person alleged to be incapacitated, but the petitioner should have independent representation. Mr. Sris and the firm’s Of Counsel attorneys can guide you through the process.

How does the court decide who will serve as guardian?

The court selects a guardian based on the best interests of the person, considering the proposed guardian’s relationship to the person, the guardian’s ability to serve, and any objections from family members or the person himself. If a suitable family member is available and willing, the court typically appoints that person. The court may also appoint a neutral third party—such as an attorney or a social service agency—if a family conflict makes a family appointment unsuitable.

For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

Learn more about family law representation in other New York counties:

Primary sources:

Last reviewed: July 2026

Attorney advertising. Prior results do not guarantee a similar outcome.
Case results depend on a variety of factors unique to each case.
Results may vary.