MATTER OF THE GUARDIANSHIP OF IVAN F. D — This is a proceeding pursuant to Article 17-A of the Surrogate's Court Procedure Act for the appointment of the petitioner as the 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, 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 Agustina P., the respondent's mother. The respondent's cousin, Jacquelin R., is appointed standby guardian to serve when the primary guardian is no longer able to do so, and shall assume the duties of her 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.
December 20, 2012