Preview:

[*1]


Decided on August 8, 2005
Supreme Court, Bronx County

*****/05
Alexander W. Hunter, J.
A petition has been filed for the appointment of a guardian of the person and property of J.G., an alleged incapacitated person (hereinafter known as "the person"). The Court, having been satisfied that the person was served with the order to show cause and petition by personal delivery at least fourteen days prior to the return date, and that all other persons required to be served under Mental Hygiene Law section 81.07 were timely served with the order to show cause and petition, appointed a court evaluator from Mental Hygiene Legal Service.
The hearing was held on August 1, 2005. The person was present and testified. No other witnesses testified at the hearing.
FINDINGS OF FACT
The following facts were established at the hearing:
The person is 69 years of age and he presently resides in an apartment located at 1340 Stratford Avenue, Apartment 5B Bronx, New York 10472.
The person is a retired mechanic who is divorced and has two adult children who are both engineers and reside in Cincinnati, Ohio. The person lives alone and is currently facing eviction for non-payment of rent. As the sole witness, the person testified that he suffered a stroke the previous year and lost his memory. He testified that he feels nervous and pressured because he has no money and needs money to pay for the eight medications he takes "for many different things," some of which are to help him relax.
The petitioner, at the hearing, made a statement to the court indicating that the person has exhibited erratic and aggressive behavior when he has appeared both at his law office and in court before Hon. Howard Silver in conjunction with his personal injury lawsuit. The person had to be forcibly removed from the courtroom by court officers and has appeared at petitioner's office requesting money. He becomes very angry when he is informed by petitioner that he cannot give him any money.
At the outset, this court notes that while Mental Hygiene Law

Download 2005_51343.pdf

New York Law