MHL ARTICLE 81 - New York State Unified Court System

Matter of Luckert, NYLJ, 4/15/97, p. 25, col. 3 (Sup. Ct., Nassau Cty.)(Rossetti, J.)
AIP’s next-door neighbor served as her guardian. However, court removes guardian and replaces
with temporary guardian because of “questionable conduct” including removing personal effects
from and changing locks on ward’s home, and making personal use of ward’s car, all without court
authorization. Removed guardian also “was instrumental in having AIP execute power-of-attorney
naming her (the guardian) as attorney-in-fact. This document was executed, strangely enough, one
day before guardian swore in court to ward’s incapacity. Combination of inappropriate conduct led
to court order of removal, as well as an order to turn over all of ward’s personal effects, keys, and
records to newly appointed temporary guardian.
Matter of Bomba, 180 Misc.2d 977; 694 N.Y.S.2d 567 (Sup. Ct., Queens Cty., 1990)
Court examiner submitted order requesting hearing to determine whether guardian should be
removed, questioning whether guardian had properly reimbursed herself, without court order, for
disbursements for photocopying, fax transmissions, local travel expenses, United Clerical Service,
and telephone charges. Court found that evidence of misconduct did not rise to level necessary to
warrant guardian's removal. However, disbursements for which guardian reimbursed herself were
disallowed. Reimbursements questioned were characterized by court as routine, incidental costs
incurred by guardian, which were expected to be absorbed in guardian's statutory commission. Court
noted that statutory references to "reasonable and necessary expenses" had not been construed to
encompass general administrative fees incurred by guardian, but rather pertained to actual
expenditures made by guardian, which were necessary to collect, preserve, and distribute estate
property.
Matter of Nicks, NYLJ, 1/29/98, p. 25, col. 1; p. 32, col. 6 (Sup. Ct., Nassau Cty.)(Rossetti, J.)
TOUCH INC., a not-for-profit corporation that assists disabled indigent persons, was appointed
guardian. It failed to file its reports on time and to cooperate with the ward's residence in pursuing
Medicaid. After residence and court examiner sought to remove it as guardian, TOUCH resigned.
It sought an order settling its final account. Court denied compensation to the TOUCH and
surcharged it to partly reimburse the court examiner for services required by guardian's omissions.
rd
Matter of Arnold "O." 226 A.D.2d 866; 640 N.Y.S.2d 355 (3 Dept., 1996) lv. to app. denied,
88 N.Y.2d 810, 649 N.Y.S.2d 377 (1996), related proceeding, 256 A.D.2d 764, 681 N.Y.S.2d 627
rd (3 Dept., 1998)
Motion to remove guardian which was part of lengthy dispute between guardian, and IP’s family is
denied and sanctions are levied against petitioner for maliciousness of motion and harassment of
guardian, with whom family disagreed as to control of IP.
141