MHL ARTICLE 81 - New York State Unified Court System

was not due to undue influence or incompetence. Court voids transfer.
(ix) Appointment of Independent Psychiatrist
In the Matter of Donald F. L., 242 A.D.2d 536; 662 N.Y.S.2d 75 (2nd Dept., 1997)
Independent psychiatrist appointed to determine need for guardianship.
st
Matter of Judith F. Meyers, a/k/a/ Fuhrman, 270 A.D.2d 135; 706 N.Y.S.2d 311(1 Dept., 2000)
Independent psychiatrist appointed to determine need for guardianship.
(x) Findings
Matter of Hoffman (Zeller), 288 A.D.2d 892; 732 N.Y.S.2d 394 (4th Dept., 2001)
Appellate Division reverses and remits for hearing where Supreme Court did not make findings
required by MHL §81.15.
(xi) Inferences
Matter of Alice Zahnd, 27 Misc.3d 1215A; 2010 NY Misc. LEXIS 907 (Sup. Ct. Suff. Cty.
(Luft, J.)
Where, according to the court, the AIP elected not to appear, the court drew a negative inference
based on her non-appearance.
G. Intervenors
Matter of J.J., 32 Misc3d 1215A; 934 NYS2d 33 (Sup. Ct. NY Cty. 2011) (Visitation -
Lewis, J. )
A community guardian sough to permanently place an IP in a skilled nursing facility in which he
was already residing, relinquish his apartment, judicially settle the final account and be relieved as
guardian. The nursing home sought to intervene as a party. MHLS opposed all aspects of the
motion. Among other things, the court held that: (1) the nursing home could not intervene,
reasoning: (1) the fact that it had been served with notice of the proceeding did not provide a
statutory entitlement to intervention, especially since it was not even entitled to be served with the
petition, and it was not affected by the outcome such that it could be an aggrieved party with
standing to appeal; and (2) that in any event, the issue whether the IP should be permanently place
raises a conflict of interest for the nursing home which benefits from the Medicaid payments it would
receive for the care of the IP.
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