MHL ARTICLE 81 - New York State Unified Court System

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In re Karen P., 254 A.D.2d 530; 678 N.Y.S.2d 802 (3 Dept., 1998)
AIP with progressively deteriorating Huntington’s disease who: (1) frequently dropped lighted
cigarettes on furniture and rugs throughout her apartment, (2) was unable or unwilling to clean home,
(3) has caused two kitchen fires, (4) had exhausted her bank accounts, (5) was about to lose her
apartment, and (6) had only $100 in weekly income from a divorce settlement, refused to apply for
any type of government benefits, insisting that she was seeking, and would obtain, gainful
employment. Court found that respondent's inability to recognize extent and nature of her limitations
and inability to comprehend scope and urgency of her situation or to realistically evaluate and
address difficulties she faces rendered her functionally limited and in need of guardian.
Matter of Hammons (Ehmke), 164 Misc.2d 609; 625 N.Y.S.2d 408 (Sup. Ct., Queens Cty.,
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1995); aff’d 237 A.D.2d 439 (2 Dept., 1997)
Family of three intelligent, mentally competent adults (two frail parents and adult daughter) unable
to function in that they were living in unsafe and unsanitary conditions including: filth, fly
infestation, without funds for heat except for space heater deemed a fire hazard, with numerous
structural repairs needed, with thousands of dollars of unpaid bills and home at risk of foreclosure,
but refused assistance-deemed functionally limited and in need of guardian.
rd
Erlich v. Oxenhorn (Matter of Lula XX), 224 A.D.2d 742; 637 N.Y.S.2d 234 (3 Dept.,
1996), app. dismissed, 88 N.Y.2d 842; 644 N.Y.S.2d 683 (1996)
Totally dependant, medically frail, obese woman, unable to turn herself over without 2 aides or
breathe without a ventilator and tracheotomy, without family or responsible friend and for whom no
home health agency would continue to provide services was at risk because she refused to consider
nursing home or other alternative-held functionally impaired and in need of guardian.
Matter of Rimler (Richman), 164 Misc.2d 403, 625 N.Y.S.2d 443 aff’d, 224 A.D.2d 625; 639
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N.Y.S 390 (2 Dept., 1996), lv. to app. denied, 88 N.Y.2d 805; 646 N.Y.S.2d 985 (1996)
Guardianship granted. Bedridden 37-year old morbidly obese woman was, among other things,
unable to walk without assistance and required help with toileting, bathing, and getting in and out
of bed. Numerous home care agencies had refused to provide her with necessary care due to her
repeated verbal abuse, her refusal to allow such care, and deplorable living conditions in her
apartment, such as vermin and roach infestation. Court found that appellant needed a guardian of the
person because she was likely to suffer harm because she was incapable of adequately understanding
and appreciating nature and consequences of her disabilities, as reflected in her self-defeating
behaviors. With respect to ability to manage property, court finds her history of living in deplorable
conditions, failure to pay for services rendered, and failure to pay rent, despite her continued receipt
of social security checks which remained uncashed to be evidence of her need for a property
guardian.
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