GUARDIANSHIP OF BLANCA N.G.L
MATTER OF THE GUARDIANSHIP OF BLANCA N.G.L., — 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.
The application initially requested the appointment of: the petitioner, a sister of the respondent, as guardian, another sister as standby guardian and a brother as first alternate standby guardian; however, upon the return date of a supplemental citation issued to another adult sibling of the respondent, that sibling appeared and objected to the appointment of the first alternate standby guardian. After a lengthy conference with the court, the petitioner amended her petition on the record and withdrew her request for the appointment of the brother as first alternate standby guardian at this time. The parties agreed that this amendment was without prejudice to the right of that brother to petition at a later time to be appointed as respondent's guardian, or to the right of any party to oppose the appointment at that time.
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 and the proposed standby guardian are qualified to assume the responsibility of serving as the respondent's guardian.
Accordingly, the application, as amended, is granted. Letters of guardianship of the person of the respondent shall issue to Brunilda G., one of the respondent's sisters. Another sister, Miriam V., is appointed standby guardian to serve when the primary guardian is no longer able to do so. The successor guardian shall assume the duties of her office subject to qualification and confirmation pursuant to SCPA 1757.
December 31, 2012