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While it is widely known in the legal community that a guardian may be nominated pursuant to Article 81 of the Mental Hygiene Law (MHL), it may not be common knowledge that Surrogate’s Court Procedure Act (SCPA) Article 4 provides for a nomination process as well for a guardian ad litem (GAL). This article focuses on the nomination process of a guardian ad litem in the Surrogate’s Court. While both statutes allow for the incapacitated or incompetent person to have a say in the nomination of the individual’s guardian, the procedure to nominate a GAL through SCPA Article 4 is comparable to that of an Article 81 guardian. However, in Surrogate’s practice most practitioners leave it to the court to make the appointment.

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