MATTER OF THE GUARDIANSHIP OF LAURENCE J.M — This is a proceeding pursuant to Article 17-A of the Surrogate's Court Procedure Act for the appointment of the petitioner as guardian of the person of the respondent, an alleged mentally retarded person.
Upon the oral and documentary proof adduced at the hearing at which the respondent was present and the report of the Mental Hygiene Legal Service, First Judicial Department (MHLS), it appears to the satisfaction of the court that the respondent is a mentally retarded person within the provisions of Article 17-A of the SCPA, that he lacks the capacity to make health care decisions, and that the petitioner and the proposed standby guardian are qualified to assume the responsibility of serving as the respondent's guardian.
Accordingly, the application is granted. Letters of guardianship of the person of the respondent shall issue to Karen M., the respondent's mother. Kenneth G., the respondent's brother, is appointed standby guardian to serve when the primary guardian is not able to do so. The successor guardian shall assume the duties of his office subject to qualification and confirmation pursuant to SCPA 1757.
The Chief Clerk shall mail a copy of this decision and the decree to the pro se petitioner and MHLS.
December 4, 2012