Justice Alexander Hunter Jr.
Petitioner husband sought the appointment of a guardian of the person and property of wife, I.V., an allegedly incapacitated person (AIP). The petition alleged I.V. was struck by a car in February 2010 and was in a persistent vegetative state since that time unable to provide for her personal or property needs. Husband requested to be appointed I.V.’s temporary guardian for the sole purpose of commencing a personal injury action on her behalf against the car’s driver. Petitioner’s counsel affirmed that while I.V.’s condition may have slightly improved, she was still incapacitated and in need of a guardian. It was later revealed to the court petitioner is an illegal alien, and the court expressed its shock and outrage by the fraud allegedly perpetrated by petitioner’s counsel in failing to disclose material facts, and making false statements about petitioner’s alien status and I.V.’s physical and mental conditions. Yet, it also noted Mental Hygiene Law Article 81 did not expressly prohibit an illegal alien from serving as a temporary guardian for the sole purpose of commencing a personal injury action on behalf of an AIP. The court ordered a hearing, directing petitioner to appear, to determine if the AIP was incapacitated and in need of a guardian, and to determine the imposition of sanctions on counsel.
