Does New York Recognize Guardianships from Other States—or Foreign Countries Like Italy?
How to Get a Non-NY Guardianship Recognized in New York Under MHL Article 81
Families today often live across multiple states — and in many cases across multiple countries, especially places like Italy, where guardianship systems differ dramatically from New York. A common and urgent question arises:
“If a court in another U.S. state or a foreign country (such as Italy) appoints a guardian, will New York honor that guardianship?”
The short answer:
Generally, New York honors guardianships from other U.S. states, but foreign guardianships — including those from Italy — require a separate legal process under Article 81.
Below is a clear guide to how recognition works and what steps families must take to obtain full legal authority in New York.
New York’s Recognition of Guardianships from Other U.S. States: Full Faith and Credit
Under the U.S. Constitution, New York must give “Full Faith and Credit” to judicial orders from other states.
This means:
If a Florida or New Jersey court appointed a guardian,
New York courts must treat that determination as valid and binding,
BUT the guardian still has to file a petition in New York to be allowed to act here.
✔ What NY Courts Require
A guardian from another state must start an ancillary Article 81 proceeding.
This proceeding:
Does not relitigate incapacity
Does not require a new medical determination
Simply asks NY to extend authority to NY assets, healthcare providers, banks, or real estate.
✔ Why an Ancillary Proceeding Is Required
Even though NY recognizes the order, the out-of-state guardian cannot automatically:
Sell NY property
Access NY bank accounts
Make healthcare decisions in NY
Engage with NY-based financial institutions
New York requires a court order specifically empowering action within its borders.
New York’s Recognition of Guardianships from Foreign Countries (Including Italy): “Comity,” Not Automatic Recognition
Foreign guardianship orders — including those from Italy, one of the most common countries affecting NY families — are not automatically recognized in New York.
✔ Why Not?
Foreign orders are honored only under the legal doctrine of comity — a discretionary, respect-based recognition, not a mandate.
NY judges will ask:
Was the foreign legal process fair?
Was the individual properly represented?
Are the duties of the foreign guardian consistent with NY public policy?
Does the foreign guardianship resemble NY’s Article 81 structure?
Because foreign countries operate under their own legal frameworks — especially civil law nations like Italy — NY courts require a new Article 81 petition for formal recognition.
Italian Guardianship Structures NY Courts Commonly See
Italy uses several guardianship models, each with different authority levels:
Amministratore di Sostegno – the most common modern system; similar to NY’s least-restrictive approach
Tutore / Tutela – full guardianship with broader control
Interdizione – a legal state of full incapacity
Inabilitazione – partial incapacity
✔ How NY Treats Italian Guardianships
NY courts do not automatically adopt these orders.
Instead, they ask:
“What powers does the Italian guardian have, and how do those powers translate to Article 81?”
Most often, the Italian guardian must petition to be appointed as an Article 81 Guardian in NY, even if Italy has already found the person incapacitated.
Required Documents for Recognition of an Italian Guardianship
NY courts typically require:
Certified copy of the Italian guardianship order
Full English translation
Translator affidavit
Apostille (from the Prefettura)
Proof of identity of the Italian guardian
Explanation of why NY authority is needed (bank accounts, real estate, medical treatment, property management, etc.)
This package forms the basis of the petition.
The Legal Pathway: How to Get a Non-NY or Foreign Guardianship Recognized in New York
Step 1: File an Article 81 Petition in NY Supreme Court
This petition requests:
Recognition of the out-of-state or foreign order
Appointment of the same guardian in New York
Authority over NY-based assets or decisions
Step 2: Provide the required legal documents
(Translations, apostilles, certified copies)
Step 3: A hearing is held
Usually brief; often without testimony if the incapacity finding is already strong.
Step 4: Court issues a New York commission
This empowers the guardian to act within New York.
Common Scenarios Where Italian Families Need NY Recognition
Elderly parent moved from Italy to New York for care
Italian property was sold and proceeds were transferred to NY
NY real estate is owned by an incapacitated Italian citizen
Italian bank accounts and NY bank accounts need unified management
NY medical facilities require a NY-based guardian order
Divorce or family dispute involving cross-border estates
CONCLUSION
New York generally recognizes other U.S. guardianships, but only adopts foreign guardianships — such as those from Italy — through the Article 81 petition process and the doctrine of comity.
If your family has a guardianship order from another state or another country, such as Italy, and needs legal authority within New York, an Article 81 filing is the correct path.
Do you need help getting a foreign or out-of-state guardianship—such as an Italian amministratore di sostegno—recognized in New York?
Our law office regularly handles Article 81 recognition proceedings and can guide you through every step: gathering documents, preparing translations, filing the petition, and securing full legal authority in New York.
Whether your guardianship order comes from another U.S. state or from a foreign country like Italy, we can streamline the process and protect your loved one’s interests.
Contact our office today for a free consultation.
Call: 347-692-0222
Email: 7622LAW@GMAIL.COM