MHL ARTICLE 81 - New York State Unified Court System

Haymes v. Brook Hospital, 287 A.D.2d 486; 731 N.Y.S.2d 215 (2nd Dept., 2001)
There is no such thing in New York as a “living will.”
Matter of Kunkis, 162 Misc.2d 672; 618 N.Y.S.2d 488 (Surr. Ct., NY Cty., 1994)
Where son holding power of attorney renounces inheritance on behalf of mother, grantor of the
power, and son stood to benefit from renunciation in that his share would become larger, son may
not renounce without court approval and appointment of GAL. This, in effect, placed burdens upon
holder of power that make his role more similar to guardian, and provide better protection for IP.
nd
Matter of Crump, 230 A.D.2d 850; 646 N.Y.S.2d 825 (2 Dept., 1996)
Where AIP had effectuated plan for management of her affairs by appointing power-of-attorney on
her own, and she possessed sufficient resources to protect her well being, appointment of guardian
of her property was improper.
Matter of Lowe, 180 Misc.2d 404, 688 N.Y.S.2d 389 (Sup. Ct., Queens Cty., 1990)
Petition brought by wife of AIP seeking her appointment as temporary guardian where she was
already her husband's attorney-in-fact and health care agent. Petitioner sought authority to appoint
successor health care agent under health care proxy. Petition is dismissed, since it has not been
shown that there is present need for appointment; rather, what has been shown is that there may be
need for guardian to make health care decisions for husband in event that his wife is for some reason
unable to act under health care proxy, and absence of any evidence which would give court reason
to believe that the wife's inability to act under proxy is imminent, or even likely to occur at any point
in time, underscores speculative nature of petition. Accordingly, and in furtherance of policy of only
appointing a guardian as a last resort, court did not appoint a guardian since there has been no
evidence that petitioner's husband is likely to suffer harm because of his inability to select an
alternate health care agent.
nd
Matter of Maher (Maher), 207 A.D.2d 133; 621 N.Y.S.2d 617 (2 Dept., 1994), lv to app denied
86 N.Y.2d 703, 631 N.Y.S.2d 607 (1995), reconsid denied, 86 N.Y.2d 886; 635 N.Y.S.2d 951
(1995)
No guardian needed where AIP had granted power-of-attorney to his colleague, an attorney, and had
added his wife as a signatory on certain of his bank accounts.
nd
Matter of O' Hear (Rodriguez), 219 A.D.2d 720; 631 N.Y.S.2d 743 (2 Dept., 1995)
No guardian was required where AIP had granted power-of-attorney, health care proxy and will to
relative and hearing court found that person holding power had not engaged in any impropriety with
respect to his care of AIP or her assets.
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