Surrogate Margarita Lopez Torres

 

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Petitioner, Caitlin’s father, sought to be appointed her guardian under Article 17-A of the SCPA. He alleged Caitlin was diagnosed with Seizure disorder and a developmental disability. A guardian ad litem (GAL) was appointed for Caitlin and determined her opportunities to interact with the community, to be independent in living her life and manage her affairs were limited by petition, and other family members, although with Caitlin’s best interests at heart. The GAL concluded, after extensive interviews with all parties, that Caitlin was able to function in her own capacity, and there were less restrictive measures than an Article 17-A guardianship, recommending against the petition. The court agreed finding Caitlin was capable of independently performing numerous activities of daily living, but further progress was stunted by petitioner—by his own admission Caitlin was kept in a “cocoon” by her loved ones. It noted while family members had good intentions, Caitlin had the ability to successfully progress in attaining and exhibiting greater independence, finding less restrictive alternatives to a guardianship available, including a health care proxy and durable power of attorney. As such, it found the guardianship not in her best interest, denying the petition.

Surrogate Margarita Lopez Torres

 

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Petitioner, Caitlin’s father, sought to be appointed her guardian under Article 17-A of the SCPA. He alleged Caitlin was diagnosed with Seizure disorder and a developmental disability. A guardian ad litem (GAL) was appointed for Caitlin and determined her opportunities to interact with the community, to be independent in living her life and manage her affairs were limited by petition, and other family members, although with Caitlin’s best interests at heart. The GAL concluded, after extensive interviews with all parties, that Caitlin was able to function in her own capacity, and there were less restrictive measures than an Article 17-A guardianship, recommending against the petition. The court agreed finding Caitlin was capable of independently performing numerous activities of daily living, but further progress was stunted by petitioner—by his own admission Caitlin was kept in a “cocoon” by her loved ones. It noted while family members had good intentions, Caitlin had the ability to successfully progress in attaining and exhibiting greater independence, finding less restrictive alternatives to a guardianship available, including a health care proxy and durable power of attorney. As such, it found the guardianship not in her best interest, denying the petition.