Surrogate Margarita Lopez Torres
In this contested proceeding, father and his friend sought co-guardianship of the persons and property of respondents, two of father’s sons. Respondents’ sister objected asserting neither respondent was in need of a guardian under Article 17-A of the Surrogate’s Court Procedure Act. A guardian ad litem was appointed and recommended appointment of a guardian as in the best interests of each respondent, recommending father’s appointment. Father asserted respondents were developmentally disabled and required appointment of a guardian, arguing they lacked the mental capacity to make health care and other decisions for themselves. The court disagreed finding it was not demonstrated that either respondent was a person with a developmental disability who was unable or incapable of managing himself or his affairs by reason of such disability. It stated the evidence provided abundant support to find each respondent was self-sufficient in personal care, was capable of meaningful involvement in his own medical care, and was well integrated into a supportive religious community. The court found respondents’ testimony confirmed they were perfectly capable, and expected by their father, to independently see to their daily needs, denying the petition.
