MHL ARTICLE 81 - New York State Unified Court System

In re Sabol (Colon), NYLJ, 5/25/93, p. 25, col. 2 (Sup. Ct., Kings Cty.)(Leone, J.)
Where son visits mother in nursing home regularly but is very abusive and threatening to the nursing
home staff and wants mother to return home where he intends to care for her, but evidence presented
including report of guardian ad litem, indicated that son cannot adequately care for his mother in his
home and refuses to assist in her care at nursing home. Court does not appoint son as guardian.
Moreover, court determines that appointing an individual from fiduciary list to take on difficult
problems associated with unique problems involved with managing affairs of AIP and with dealing
with her son with little or no compensation would be inappropriate and appoints instead
Commissioner of DSS.
st
Matter of Darius Ignatius (Wilber, M.), 202 A.D.2d 1; 615 N.Y.S.2d 367 (1 Dept., 1995)
Father was not suitable guardian for son where evidence of petitioner's poor judgment, included his
refusal to consent to his son's surgery for a broken jaw anywhere but in Manhattan, even after he was
informed that delay could be harmful to his son, and his blunt refusal before Surrogate to sign
agreement with developmental center to have facility act as cooperating agency to fulfill the
conditions of Surrogate's original decree that he designate an organization which would be giving
him advice and counsel. Further his reiteration that he was concerned only with obtaining custody
of his son further shows his unfitness for the role of guardian in view of uncontroverted evidence that
treatment being received by son was vital for his well-being.
rd
Matter of Lois "F." (Ruth "F."), 209 A.D.2d 856; 618 N.Y.S.2d 920 (3 Dept., 1994)
Although family members are generally preferred for appointment, where petitioner mother who
obviously loved AIP was incapable of providing necessary care, mother was unfit to be guardian.
Court identifies "fixed delusional system" that interferes with her ability to make sound judgments,
inability to lift AIP out of bed or otherwise manage her, inability to recognize AIP’s needs, frequent
refusal to cooperate with AIP’s caregivers, and fact that testimony at hearing was unfocused,
discursive and erratic, as evidence of unsuitability.
st
In re: Robinson, 272 A.D.2d 176, 709 N.Y.S.2d 170 (1 Dept., 2000)
Appellate Division reverses trial court’s appointment of court evaluator as guardian, stating that
although family is not financially sophisticated and estate is large and complex, family is the
preferred guardian and they can hire financial advisor.
Matter of Bailin (Geiger), NYLJ, 5/19/95, p. 36, col. 4 (Sup. Ct., Rockland Cty.)(Weiner, J.)
Petitioner nursing home sought appointment of guardian for resident. Resident's nephew, who was
attorney-in-fact and who had close, personal, relationship with AIP for many years, sought
appointment as guardian of person and property. AIP's niece and other nephews were either unable
or unwilling to be appointed. Nephew, however, would not make further payments toward cost of
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