Matter of Imre B.R.

Trusts and Estates

New York Law Journal


Justice James Pagones

Imre B.R. presented an order to show cause (OSC) to commence a special proceeding under Mental Hygiene Law Article 81 (MHL) requesting to be appointed as the alleged incapacitated person's (AIP) limited guardian. The basis for the application was grounded in the refusal of Merrill Lynch to recognize the power of attorney (POA) executed by the AIP under which Imre was currently acting as the AIP's agent. The court declined to sign the OSC noting there was no need for a guardian as Imre was the agent-in-fact under the POA, which all other entities, besides Merrill Lynch, have accepted. It stated General Obligations Law provided Imre a remedy to compel Merrill Lynch to accept the POA. The court stated MHL Article 81 required treating a guardianship as a last resort. Also, Imre was the AIP's stepson who resided in Canada, and the court may only exercise jurisdiction over his person for enforcement purposes within the state. Thus, while the United States and Canada were signatories to the Hague Convention, Imre's domicile in Canada created practical problems and additional costs for enforcement, if needed. Therefore, Imre's OSC was denied.

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