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ESTATE OF ANTONIO C.

ESTATE OF ANTONIO C., (15/4490) — This is a proceeding pursuant to Article 17-A of the Surrogate's Court Procedure Act (SCPA) for the appointment of Dennis G. (petitioner) as the guardian of the person of Antonio C. (respondent). The respondent is currently sixty-six years old. His parents are deceased and his only relatives are his sister and brother. The petitioner is not a relative of the respondent, instead, he is the former boyfriend of the respondent's sister, Gloria C.

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ESTATE OF ANTONIO C., (15/4490) — This is a proceeding pursuant to Article 17-A of the Surrogate’s Court Procedure Act (SCPA) for the appointment of Dennis G. (petitioner) as the guardian of the person of Antonio C. (respondent). The respondent is currently sixty-six years old. His parents are deceased and his only relatives are his sister and brother. The petitioner is not a relative of the respondent, instead, he is the former boyfriend of the respondent’s sister, Gloria C.

In New York, there are two statutory mechanisms for the appointment of guardians of intellectually disabled individuals — SCPA Article 17-A (Article 17-A) and Mental Hygiene Law Article 81 (Article 81). Article 17-A applies to persons who are intellectually disabled. An intellectually disabled person1 is defined as a person who has been certified as having an inability to understand and appreciate the nature and consequences of decisions and incapable of managing herself and her affairs by reason of such disability. SCPA 1750-a (1). Historically, Article 17-A was originally enacted “primarily to provide a means for parents of [intellectually disabled] children to continue decision making power after those children reached age twenty one.” Matter of Chaim A.K., N.Y.L.J., September 21, 2009, at 27 (col. 1)(Sur. Ct. N.Y. County 2009).

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