In an New York Guardianship Article 81 proceeding, the New York Supreme Court, Cortland County, appointed the court evaluator as a “monitor” to oversee the financial transactions of the Alleged Incapacitated Person (AIP), instead of appointing a guardian.

The AIP suffered from a bout of hypomania causing him to engage in irrational and excessive spending. At the hearing, he testified as to his recovery from the illness. However, he acknowledged that there was a thirty per cent chance he would relapse.

The court found that he was not presently incapacitated and agreed with him that a guardian was not needed. However, because he was in the midst of a divorce action and a relapse could have an adverse effect on the equitable distribution of property, the court recommended a protective arrangement.

The court evaluator, an attorney, was appointed to serve as monitor to: 1) receive and review copies of all financial statements and records and to speak with any employees of financial institutions where his assets were being held; 2) receive and review all his medical records and to speak with his physicians, psychologists and medical providers; and 3) review and approve any financial transaction in excess of $50,000. The protective arrangement was set for a period of one year. The monitor was authorized to apply for extensions to the court.