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Dutchess County, Surrogate's Court: May 21, 2020

Dutchess County, Surrogate's Court: May 21, 2020

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Surrogate Hayes

MATTER OF ROBERT C.B., (09-97851/B) — This is a proceeding to terminate a guardianship of the person and property pursuant to Article 17-A of the  Surrogate’s Court Procedure Act. Petitioner Robert C.B. (“Bobby”), by his attorneys Disability Rights New York, asserts that he no longer meets the criteria for an Article 17-A guardianship. Bobby also argues that the existing Article 17-A guardianship should be terminated because it is no longer the least restrictive means available to provide him with any support that he may require. For the reasons stated herein, the Petition is granted to the extent that it seeks termination of the guardianship of the person. The Petition is denied to the extent that it seeks termination of the guardianship of the property, subject to the opportunity to renew that application upon evidence that Bobby has an active and engaged support system. Finally, a hearing will be conducted to select a new property guardian to replace Bobby’s uncle, Michael, who has communicated his intent to resign as the current Article 17-A guardian. BACKGROUND Bobby is the son of William and Patricia. William died on September 17, 2003. Patricia died on February 15, 2009. Bobby was twelve years old when Patricia died. Patricia’s will designated her brother, Michael, to serve as Bobby’s guardian. Her will also named Michael as the trustee of a testamentary trust that was established for Bobby’s benefit. On April 28, 2009, the Court (Dolan, Acting Surr.) appointed Michael as the guardian of the Bobby’s person and property pursuant to Article 17 of the  Surrogate’s Court Procedure Act. Michael, a resident of Texas, placed Bobby in foster care in New York for the remainder of his childhood. Bobby reached the age of majority in 2014. By Petition dated March 23, 2015, Michael sought guardianship of Bobby as a developmentally disabled person pursuant to Article 17-A of the  Surrogate’s Court Procedure Act. Rena M. O’Connor, Esq., was appointed as Guardian Ad Litem in that proceeding.

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