How Much Does an Article 81 Guardianship Cost in Staten Island? (2026)

The honest answer for most Staten Island families is that an uncontested Article 81 guardianship typically runs from the low thousands into the mid-five figures of dollars, and a contested case can climb well beyond that — but no attorney can quote you an exact flat number on day one, because the cost is driven by who else the court appoints and whether anyone objects. Under New York’s Mental Hygiene Law (MHL) Article 81, adult guardianship of an incapacitated person is heard in the Supreme Court, Richmond County (the Supreme Court for Staten Island), and the court itself appoints a court evaluator — and often separate counsel for the alleged incapacitated person (AIP) — whose fees are part of the total. Below, we break down every cost component so you can budget realistically and avoid surprises.

Why Article 81 Cases Don’t Have a Flat Price

Article 81 is deliberately individualized. The court must tailor any guardianship to the AIP’s actual needs using the least restrictive intervention necessary, and it must protect the AIP’s rights at every step. That protection has a price: investigations, hearings, and court-appointed professionals all add to the bill. A simple, agreed-upon case for an elderly parent who clearly needs help is a fraction of the cost of a case where siblings disagree about who should serve or whether guardianship is even appropriate.

Two things make Staten Island guardianship cases different from a will or a power of attorney:

1. The court drives part of the spend. You don’t get to choose whether a court evaluator is appointed — the statute requires the court to appoint one to investigate and report. Their fee is set by the court and is generally paid from the AIP’s assets.
2. Contests multiply hours. A petition no one opposes may resolve in a few months. A contested guardianship — competing petitioners, an AIP who objects, or a family dispute over finances — means depositions, motions, and a full hearing.

The Main Cost Components

Here is how the typical Staten Island Article 81 budget breaks down. Dollar figures below are general ranges to illustrate proportion — not a quote, and not court-published fees.

Cost component	What it covers	Who usually pays
Court filing fees	Index number, Order to Show Cause, and related court charges	Confirm with Richmond County Supreme Court / counsel
Attorney fees (petitioner)	Drafting the Verified Petition, the Order to Show Cause, appearances, and the hearing	Petitioner (sometimes reimbursed from the estate)
Court evaluator fee	Court-appointed neutral who investigates and reports to the judge	Generally the AIP’s assets, as the court directs
Counsel for the AIP	Separate attorney the court may appoint to represent the AIP’s wishes	Generally the AIP’s assets, as the court directs
Bond / surety (if ordered)	Insurance protecting the AIP’s property when a property guardian is appointed	The AIP’s estate
Ongoing / annual costs	Preparing the initial and annual accountings and reports	The AIP’s estate

Note on filing fees: We do not publish a specific dollar filing fee here because court charges change and depend on the relief requested. Confirm the current amount directly with the Richmond County Supreme Court or your attorney before filing.

Court-appointed professionals are often the biggest variable

Because the court evaluator (and any court-appointed counsel for the AIP) are required to protect the AIP, their combined fees can rival or exceed the petitioner’s own legal fees in a complicated matter. In many cases these fees are paid out of the AIP’s own assets at the court’s direction — which means the cost ultimately comes from the estate the guardianship is meant to protect. This is one reason to explore alternatives to guardianship before filing.

What Drives a Staten Island Case Up or Down

Costs go UP when:

• A family member or the AIP objects, turning the matter into a contested guardianship with motions and a contested hearing.
• The AIP owns property, businesses, or accounts requiring a property-management guardian and possibly a bond.
• The AIP’s capacity is genuinely disputed and must be proven by clear and convincing evidence at a hearing.

Costs go DOWN when:

• The petition is uncontested and the family agrees on the proposed guardian.
• The AIP needs only a personal-needs guardian with limited powers, not full property management.
• Records, medical documentation, and a clear plan are organized before filing.

The Process Behind the Cost

Understanding the procedure shows why the fees exist. An Article 81 case is commenced by an Order to Show Cause and a Verified Petition in Supreme Court, Richmond County. The court then appoints a court evaluator to investigate the AIP’s circumstances and report back, and the AIP has the right to be present and to a hearing. The judge can only grant powers that are the least restrictive intervention matched to the AIP’s needs — appointing a guardian of the person, of the property, or both. To learn more about each step, see our Article 81 guardianship overview.

Ongoing Costs After Appointment Don’t End at the Hearing

Many families budget only for getting appointed and forget that an Article 81 guardianship carries ongoing duties that have recurring costs. A guardian must file an initial report within 90 days and annual reports thereafter, and must visit the incapacitated person at least four times per year. A guardianship generally lasts for the person’s life unless the court terminates it. Preparing accurate annual accountings — often with attorney or accountant help — is a real, repeating expense. Our guardian duties guide explains these obligations in detail.

Cheaper Alternatives to Consider First

Because guardianship is expensive and the court itself prefers less restrictive options, it is worth asking whether your loved one can use planning tools before capacity is lost. Lower-cost alternatives include:

• Durable Power of Attorney under GOL §5-1513 — lets a trusted agent manage finances without a court case.
• Health Care Proxy — appoints someone to make medical decisions.
• Living Trust or Supplemental/Special Needs Trust — manages assets and protects benefits.
• Supported Decision-Making — assistance that preserves the person’s own authority.

These tools, set up while a person still has capacity, can cost a small fraction of a contested Article 81 proceeding. See our guardianship overview to compare options. Note that guardianship of a minor’s person or property is a different track — that is handled under SCPA Article 17 in the Richmond County Surrogate’s Court, not Supreme Court.

Frequently Asked Questions

Is Article 81 guardianship filed in Surrogate’s Court in Staten Island?
No. Adult Article 81 guardianship of an incapacitated person is filed in the Supreme Court, Richmond County. Only minor guardianship (SCPA Art. 17) and guardianship of a developmentally disabled person (SCPA Art. 17-A) go to the Richmond County Surrogate’s Court.

Who pays the court evaluator’s fee?
The court evaluator’s fee is set by the court and is generally paid from the AIP’s assets as the judge directs, though arrangements vary by case.

Can the petitioner be reimbursed for attorney fees?
Sometimes. Courts may direct that reasonable fees be paid from the AIP’s estate, but this is at the court’s discretion — discuss it with your attorney before filing.

How long does the guardianship — and its costs — last?
An Article 81 guardianship generally lasts for the incapacitated person’s lifetime unless terminated, with annual reporting obligations that create recurring costs each year.

Talk to a Staten Island Guardianship Attorney

The real cost of an Article 81 guardianship in Staten Island depends on facts only an experienced attorney can assess after reviewing your situation. Morgan Legal Group helps Richmond County families pursue guardianship efficiently — and, where possible, avoid it altogether with smarter planning. To get a clear picture of your options and likely costs, schedule a consultation with Russel Morgan, Esq.

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