MHL ARTICLE 81 - New York State Unified Court System

guardian is warranted under Mental Hygiene Law §81.02.”
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 hold a hearing and
therefore the Appellate Division had no record upon which to determine whether there was clear and
convincing evidence of incapacity.
Matter of Lauro, NYLJ, 2001 NY Slip Op. 40109U; 2001 NY Misc. LEXIS 491 (Sup. Ct.,
Onondaga Cty. 2001) (Wells, J)
Where AIP was eccentric, but happy, living in a habitable but cluttered apartment, had no debts or
other financial problems, and was visited by a social worker with whom she had a pleasant
relationship, there was no clear and convincing evidence that AIP was functionally impaired within
the meaning of Article 81.
In the Matter of the Commissioner of Social Services, Orange County, Daisey R.
(Anonymous), 275 A.D.2d 713, 713 N.Y.S.2d 204 (2nd Dept., 2000)
Appellant, and others, challenged an order and judgment granting petition of county social services
commissioner for the appointment of a guardian. The appellant was a woman with mild retardation
who suffered from respiratory insufficiency, congestive heart failure, and morbid obesity. The trial
court found that respondent had established, by clear and convincing evidence, that the appellant was
incapacitated within the meaning of Article 81. Clear and convincing evidence established that
appellant was not able to understand and appreciate the nature and consequences of her inabilities,
and that she was likely to suffer harm due to her imitations and her inability to appreciate the
consequences. The Appellate Division affirmed.
Matter of Grinker (Rose), 77 N.Y.2d 703; 570 N.Y.S.2d 448 (1991)(superceded by statute)
Mental illness, without more, held insufficient basis to appoint conservator with power to place AIP
in nursing home. To deny such personal liberty, there must also be clear and convincing evidence
that the illness has rendered person substantially impaired in ability to function and conduct own
affairs. No substantial impairment of ability to function found where mentally ill artist was aware
of her financial problems and had applied for and was awaiting overdue public assistance grant but
refused to sell her artwork to raise money to pay her bills.
st
Matter of Harney (Seth), 248 A.D.2d 182; 670 N.Y.S.2d 17 (1 Dept., 1998); app. dism’ssd,
93 N.Y.2d 845; 688 N.Y.S.2d 490 (1999)
Guardianship properly granted where AIP was unable to attend to daily needs alone and was
uncooperative and abusive to home care workers.
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