Sister filed a petition to be appointed the NY Article 81 Guardian for the person and property of her brother, an alleged incapacitated person. A psychiatrist reviewed nursing home and hospital records, and evaluated him.

The doctor opined that he lacked capacity to manage his personal needs and finances, and required the appointment of a guardian for an indefinite duration. The court evaluator stated that the brother could not appropriately carry on a conversation.

Yet when asked if he consented to the appointment of a guardian, he answered “no.” Nevertheless, the court evaluator supported the sister’s application to be appointed as guardian.

The sister testified that she was her brother’s only living sibling and sought appointment as she loved and wanted to care for him. She stated that if she were appointed, her plan of care would be to move him to a nursing home near her home in Massachusetts to permit her and her family to visit frequently.

The Bronx County, New York Supreme Court granted her petition, appointing her as guardian. It also granted her request to conduct Medicaid planning, but directed that any future plan to preserve his assets, including gifting, be approved by the court. It ruled any assets he amassed shall be used for his care for the remainder of his life.

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