Court fees are only a small part of what an Article 81 guardianship costs in New York. Most of the cost comes from professional fees, and when the court grants the petition, it can order many of them paid from the person’s own funds.
Guardianship Costs in New York at a Glance
Every guardianship is different, but the costs fall into the same groups. This table shows each one, a typical amount, when it comes up and who usually pays. The sections below explain each one.
| Cost | Typical amount | When | Who usually pays |
|---|---|---|---|
| Index number fee | $210 | At filing | The person who files (the petitioner) |
| Request for judicial intervention (RJI) | $95 | At filing | The petitioner |
| Medical records, documents and serving the papers | Varies | Before the hearing | The petitioner |
| Court evaluator | Often $2,000–$5,000; set by the judge | End of the case | The person’s funds if the petition is granted |
| Lawyer appointed for the person (if any) | Set by the judge | End of the case | The person’s funds if the petition is granted |
| Petitioner’s attorney | Often $5,000–$10,000+ if uncontested; more if contested | During the case | The petitioner; the court can order it paid from the person’s funds |
| Guardian bond (if required) | A yearly premium, often around 0.5%–1% of the bond amount | Every year | The person’s funds |
| Guardian’s compensation | Set by the court | Every year | The person’s funds |
| Court examiner and annual reports | Set by a court fee schedule based on the size of the estate | Every year | Usually the person’s funds |
Amounts other than court fees are typical ranges, not quotes. The court decides the evaluator’s and appointed lawyer’s fees, and your attorney’s fee depends on your case.
How Much Does It Cost to File for Guardianship in New York?
An Article 81 guardianship is filed in the Supreme Court of the county where the person lives. The court charges $210 for the index number that opens the case and $95 for the request for judicial intervention, which assigns a judge. That is $305 in court fees to start.
Expect a few other early expenses: getting medical records or a doctor’s statement, having the papers personally served on the person, and certified copies of the guardian’s commission at the end of the case. These vary, but they are usually small next to the professional fees.
If You Can’t Afford the Court Fees
A petitioner who cannot afford the court fees can ask the court for permission to proceed as a poor person, which can waive the index number and other filing fees (CPLR § 1101).
Professional Fees: The Largest Part of the Cost
Three kinds of professionals can be involved in a guardianship case, and their fees are what make up most of the total.
The Court Evaluator
In most cases the judge appoints a court evaluator, an independent person who meets the person, speaks with family, reviews records and reports to the court (§ 81.09). The judge sets the evaluator’s fee at the end of the case. Evaluator fees often fall around $2,000 to $5,000 in a standard case, and more when the case is complex or contested.
A Lawyer for the Person
The court appoints a lawyer for the person when they ask for one, when they want to oppose the petition, or in other situations the law describes (§ 81.10). The judge also sets this lawyer’s fee. Not every case has one.
Your Attorney’s Fees
Many New York guardianship attorneys bill by the hour, and some offer a fixed fee for an uncontested case. Ranges published by New York law firms in 2026 put attorney fees for an uncontested Article 81 case at roughly $5,000 to $10,000 or more. Contested cases cost more, sometimes far more, because they involve more hearings, witnesses and court time.
Every family’s situation is different, so we don’t publish a set price. In a free consultation, we look at your situation and explain what your case is likely to involve and how our fees work, before you commit to anything.
What Makes a Guardianship Cost More or Less
| Factor | Usually costs less | Usually costs more |
|---|---|---|
| Family | Everyone agrees on the need and the guardian | Relatives object or want someone else (contested guardianship) |
| The person’s position | Accepts help or does not object | Opposes the petition and has a lawyer appointed |
| Urgency | The regular timeline works | A temporary guardian is needed right away |
| Finances | Bank accounts and regular income | Real estate, a business or assets in several places |
| Records | Medical and financial records are organized | Records are missing or hard to get |
| Powers requested | Only the powers the person needs | Broad powers that the court needs more evidence for |
Who Pays for a Guardianship in New York?
This is often families’ biggest question. The answer depends mainly on whether the court grants the petition:
| Cost | If the petition is granted | If the petition is denied or dismissed |
|---|---|---|
| Court evaluator | Paid from the person’s funds | The court can order the petitioner, the person or both to pay |
| Lawyer appointed for the person | Paid from the person’s funds | The court can order the petitioner, the person or both to pay |
| Petitioner’s attorney | The court can order reasonable fees paid from the person’s funds | Usually the petitioner |
| Court filing fees | The petitioner pays at filing | The petitioner |
The rules for the court evaluator and the appointed lawyer are in § 81.09 and § 81.10, and the court’s power to award the petitioner’s attorney fees is in § 81.16. In every case, the judge reviews the fees and awards only what is reasonable. In practice, when a family member files for guardianship of a parent with savings, much of the cost is often paid from the parent’s funds once the petition is granted, though the family usually pays the early costs first.
If you are planning for a parent, our guide to guardianship of a parent with dementia explains the full process.
Ongoing Costs After a Guardian Is Appointed
Guardianship doesn’t end at the hearing. These costs continue for as long as the guardianship lasts, and they are generally paid from the person’s funds.
Guardianship Bond: How Much Does It Cost and Who Pays?
A guardianship bond is insurance that protects the person’s money and property if a guardian mishandles them. The court decides whether the guardian needs one and can also choose not to require it (§ 81.25). When a bond is required, the guardian buys it from a surety company and pays a yearly premium, which is a percentage of the bond amount. Published surety rates are often around 0.5% to 1% of the bond amount per year, depending on the size of the bond. The premium is paid from the person’s funds.
Do You Get Paid for Being a Guardian in New York?
A guardian can be paid. The court sets the guardian’s compensation (§ 81.28), and for a guardian who manages property it is generally based on the commission schedule New York uses for executors (SCPA § 2307): a percentage of the money the guardian receives and pays out, starting at 5% on the first $100,000 and decreasing on larger amounts. The court can adjust it, and it is paid from the person’s funds.
Annual Reports and the Court Examiner
Every guardian files an initial report within 90 days of receiving the commission (§ 81.30) and an annual report every May (§ 81.31). A court examiner reviews these reports, and the examiner’s fee follows a schedule set by the court, based on the size of the estate. Before starting, the guardian also completes a court-approved training program.
Ways to Keep Guardianship Costs Down
Some costs are set by the court and can’t be avoided. Others depend on choices families make before and during the case. These steps often help, but not every one fits every situation, so talk to an attorney before deciding.
| What you can do | Why it helps |
|---|---|
| Plan ahead. Sign a power of attorney and a health care proxy while you can | These documents often make a guardianship unnecessary, and cost much less |
| Check what already exists. Look for signed documents before filing | A valid power of attorney or health care proxy may already cover what is needed |
| Ask whether a narrower option fits. One decision may only need court approval for a single transaction (§ 81.16) | The court must use the least restrictive option, and a smaller request can mean a simpler case |
| Talk to family early. Explain the plan and listen to concerns | Disputes are the biggest reason costs rise |
| Gather records first. Medical records, account statements and existing documents | Less time spent tracking information down |
| Ask for fee relief if you need it. A poor person application (CPLR § 1101) | It can waive court filing fees for people who can’t afford them |
| Keep clean records as guardian. Separate accounts and receipts for every expense | Clear annual reports are easier for the court examiner to review |
Our comparison of power of attorney vs. guardianship explains when planning documents can replace a guardianship.
Get a Clear Answer About What Your Case Will Cost
Online ranges only go so far. Tell us about your situation, and in a free consultation we will explain what your guardianship is likely to involve, which costs may be paid from your loved one’s funds, and whether there is a less costly option. Learn more about working with a guardianship attorney in NYC.
Guardianship Cost FAQs
Court fees to file are $305 ($210 for the index number and $95 for the request for judicial intervention). Most of the cost is professional fees. For an uncontested case, published ranges from New York law firms put attorney fees at roughly $5,000 to $10,000 or more, and court evaluator fees often at $2,000 to $5,000. Contested cases cost more.
$305 in Supreme Court fees: $210 for the index number and $95 for the request for judicial intervention. A petitioner who can’t afford them can apply to have them waived as a poor person.
The petitioner pays the early costs. If the petition is granted, the court can order the court evaluator, the person’s appointed lawyer and reasonable petitioner’s attorney fees paid from the person’s funds. If it is denied or dismissed, the court can order the petitioner to pay some of these fees.
It depends on the case. Ranges published by New York law firms put uncontested Article 81 cases at roughly $5,000 to $10,000 or more in attorney fees, and contested cases higher. We explain our fees in a free consultation.
The premium is a yearly percentage of the bond amount, often around 0.5% to 1% according to published surety rates. Larger bonds usually have a lower rate.
The premium is paid from the funds of the person under guardianship, not by the guardian personally.
A guardian can be paid. The court sets the amount, and for property guardians it is generally based on the executor commission schedule (SCPA § 2307). It is paid from the person’s funds.
More than an uncontested one, because there are more hearings, witnesses and court time. The court can split some fees between the parties, especially if the petition is dismissed. See our page on contested guardianship.