When a Brooklyn parent’s cognitive decline crosses the line from forgetful to dangerous, adult children often assume they can simply step in to manage the bank accounts. If no durable power of attorney or health care proxy was signed while the parent still had capacity, that assumption shatters quickly. You cannot simply declare yourself a parent’s financial custodian. You must ask a judge for that authority, and the process is far more demanding than most families expect. The legal apparatus required to take control of another adult’s life is immense—and rightly so.
The Reality of Article 81 Guardianship
In New York, stripping an adult of their legal right to manage their own affairs is a profound judicial act. We handle these cases under Mental Hygiene Law (MHL) Article 81. The statute is exacting, designed to limit the loss of civil rights strictly to the specific deficits of the individual.
This is not a matter of filing a few forms and waiting for a judge’s signature. It is a full evidentiary proceeding. Once a petition is filed, the court appoints a Court Evaluator—often an independent attorney—to investigate the claims, interview the alleged incapacitated person, and report back to the judge. The individual in question has the right to their own legal counsel, the right to object to the proceeding entirely, and the right to demand a jury trial.
We frequently see cases where siblings vehemently disagree on who should be appointed guardian, or whether a guardianship is even necessary. One sibling may live with the parent and claim everything is fine, while the other sees unpaid bills and physical neglect. These disputes tear families apart if not handled with prudent counsel and strict adherence to procedural rules. The court demands clear and convincing evidence that the person cannot adequately understand and appreciate the nature and consequences of their inability to manage their daily needs or property. Gathering this evidence—subpoenaing medical records, securing physician affidavits, and documenting financial mismanagement—requires a deliberate and methodical approach.
When Estates Fracture in Surrogate’s Court
We see similar fractures occur after a death. I have spent my career at Morgan Legal Group, P.C. emphasizing deliberate estate planning to keep families out of Surrogate’s Court. Yet, even the most carefully drafted documents can become targets when grief mixes with lifelong family grievances.
Under the Surrogate’s Court Procedure Act, specifically SCPA §1410, any person whose interest in property or in the estate would be adversely affected by the admission of a will to probate may file objections. We frequently see challenges based on alleged undue influence—claims that a caregiver or a favored child coerced the deceased into changing their will in their final months. We also see fierce disputes over testamentary capacity, where objectants argue the deceased did not understand the nature of their assets or the natural objects of their bounty at the exact moment they signed the document.
Litigation often arises during the administration phase as well. Beneficiaries may accuse an executor of breaching their fiduciary duty—treating estate assets as a personal checking account, selling real estate below market value to a friend, or failing to distribute assets in a timely manner. Litigating these issues requires a specific temperament. An attorney must be aggressive enough to issue subpoenas and depose hostile witnesses, yet grounded enough to tell a client when a settlement is the most prudent path to preserving the remaining family wealth.
Our Approach to Litigation and Legacy
This is why Koryn Friday, Esq., is an integral part of our firm. As an associate focusing heavily on guardianship and estate litigation, she steps into the fray when families are at their most vulnerable.
I value attorneys who view the law as a tool for protection rather than just a mechanism for argument. Stewardship. Koryn approaches her caseload not just as a series of motions to file, but as lives that need stabilization. When she petitions for an Article 81 guardianship, she meticulously gathers the necessary evidence to meet the court’s high bar. She prepares families for the reality of the hearing, making certain they understand the legal standard of incapacity rather than just the medical diagnosis. Her goal is always to secure the necessary protections for the vulnerable individual while minimizing the collateral damage to the family unit.
In estate litigation, Koryn serves as a formidable advocate for our clients’ rightful claims. Whether she is defending a valid will against baseless objections or holding a rogue fiduciary accountable through a contested accounting, she anchors her strategy in the precise statutes and case law that govern the court. She does not deal in false promises. If an objection lacks the evidentiary support required to survive a motion for summary judgment, she will tell the client directly. That honesty is the hallmark of effective, ethical representation.
Securing Your Family’s Interests
We recognize that no one wants to find themselves in a Manhattan courtroom fighting over a parent’s care or legacy. Litigation is inherently stressful. It drains both financial resources and emotional reserves, often causing permanent rifts between siblings. Our primary goal is always to structure an estate plan that prevents these disputes entirely through clear, unassailable documentation.
However, when cognitive decline strikes without a contingency plan in place, or when a bad actor attempts to hijack an inheritance, deliberate legal intervention is the only remaining option. You need an advocate who understands the procedural rigor of the courts, the evidentiary rules of trial, and the deeply personal stakes involved.
If your family is facing the immediate need to secure a guardianship for an incapacitated loved one, or if you suspect foul play in the administration of an estate, do not wait for the situation to deteriorate further. Request a formal case evaluation with our litigation team to review the specific facts of your matter and determine the precise legal steps required to protect your family’s inheritance.
