Justice Betsy Barros
The instant guardianship proceeding was brought by Adult Protective Services (APS) based on suspicions of exploitation by the alleged incapacitated person's (AIP) wife, Vanessa TS. Vanessa cross-petitioned for dismissal of the petition, and sought to be appointed the AIP's personal and property guardian. Psychiatrist Dr. Speken, employed by APS, concluded the AIP was incapable of making an informed judgment on how to handle his estate, whom to trust or whom to marry based on his rapidly advancing Alzheimer's. The court found Vanessa disingenuous, manipulative and a neglectful spouse, giving her testimony no credit. It concluded a guardianship was the least restrictive form of intervention, but declined to appoint Vanessa. The court found that through a "steady course of seduction and isolation" Vanessa exploited the AIP with impunity, thus he could no longer be safely maintained in the community as he once envisioned. It appointed the Jewish Association of Services for the Aged as the AIP's personal and property guardian, ordering JASA to investigate the AIP's financial affairs with the authority to bring any necessary proceedings, including to annul the marriage.
