IN THE MATTER OF THE GUARDIANSHIP OF ZORAIDA O., A MENTALLY RETARDED PERSON (94/A/149G) — On the hearing date of this application by Barbara M., a sister of the respondent, seeking the issuance of successor letters of guardianship of the person of the respondent due to the death of the primary guardian, the parties who were present at the hearing entered into a stipulation on the record in open court. The terms of the stipulation provide, inter alia, that the petitioner amended her application as follows: (1) successor letters of guardianship of the person of the respondent are to issue jointly to the petitioner and Jeanette O., another sister who is the present standby guardian; (2) a third sister, Anna Rosa S., is to become the successor standby guardian; (3) a fourth sister, Magali S., and a brother, Juan R. S., Jr., are to serve jointly as first alternate standby guardians; (4) the primary successor guardians are to authorize the facility where the respondent resides to release information concerning the respondent to Anna Rosa S., Magali S. and Juan R. S., Jr.; (5) the guardians and any successor guardians are prohibited from restricting visitation by any other family members; and, (6) counsel for Mental Hygiene Legal Service, First Judicial Department (MHLS), is afforded a period of time to review the stipulation, speak to any of the parties who signed the stipulation and file a supplemental report indicating whether MHLS has any opposition to the terms of the stipulation. The court indicated on the record that the stipulation is also subject to the parties’ execution of the appropriate court documents to be appointed as indicated in the stipulation. MHLS thereafter filed a supplemental report stating that it did not object to the terms of the stipulation or the appointment of the nominated successor guardians or successor standby or first alternate standby guardians.
Accordingly, the application-is granted, subject to the terms of the parties’ stipulation. The successor standby guardian shall serve when the primary successor guardians are no longer able to do so, and the first alternate standby guardians are to serve when neither the primary successor guardians nor the successor standby guardian is able to do so. The successor guardians shall assume the duties of their office subject to qualification and confirmation pursuant to SCPA 1757.