Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
IN RE: Application of Lilliam BARRIOS-PAOLI, etc., Petitioner-Respondent, For the Appointment of a Guardian, etc., Cathy R., A Person Alleged to be Incapacitated, Respondent-Appellant.
Order and judgment (one paper), Supreme Court, New York County (Richard Braun, J.), entered on or about November 19, 1997, appointing a guardian to manage respondent's property, unanimously affirmed, without costs.
The need for the appointment of a guardian to manage respondent's property was established by clear and convincing evidence. The IAS court undertook a detailed analysis on the record supporting its appointment of the property management guardian. The record establishes that respondent is a very intelligent woman capable of taking care of her personal needs. However, she suffers from a long-standing mental illness sufficiently disabling to place management of her property beyond her capability. Moreover, respondent is unable to understand and appreciate the nature and consequences of her inability to manage her property. Accordingly, a guardian for property management is necessary to prevent additional harm to respondent and the further dissipation of her assets (see, Mental Hygiene Law § 81.02).
MEMORANDUM DECISION.
Thank you for your feedback!
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Decided: January 18, 2000
Court: Supreme Court, Appellate Division, First Department, New York.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)