• Surrogate's Court, Bronx County
  • Dec 20 2012 (Date Decided)
  • Surrogate Holzman

IN THE MATTER OF THE GUARDIANSHIP OF JHOISA P — 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 she lacks the capacity to make health care decisions, and that the petitioner, the proposed standby guardian and the first and second alternate standby guardians 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 Mayra P., the respondent's caretaker. The respondent's aunt, Julieta D., is appointed standby guardian to serve when the primary guardian is not able to do so. A cousin, Lorelei C., is appointed first alternate standby guardian to serve when neither the primary guardian nor the standby guardian is able to do so, and Justina S., another aunt, is appointed second alternate standby guardian to serve when none of the aforementioned guardians is able to do so. The successor guardians shall assume the duties of their office subject to qualification and confirmation pursuant to SCPA 1757.

Decree signed.

December 20, 2012