A self-petition has been filed for the appointment of a guardian of the property of B.H., an alleged incapacitated person (hereinafter known as “the person”). This Court is obviously satisfied that the person was duly served with the order to show cause and petition and that all other necessary interested persons required to be served under Mental Hygiene Law section 81.07 were timely served with the order to show cause and petition. Mental Hygiene Legal Service (MHLS) was appointed to serve as the court evaluator.
The hearing was held on December 15, 2009. At the hearing the person was present and testified and consented to the appointment of R.K., Esq., as his guardian. R.K. also testified at the hearing.
It is determined that the following findings of fact were established by clear and convincing proof upon the documentary evidence submitted and the testimony adduced:
1.) The person is 32 years of age. The person presently resides with his wife and two (2) children at 777 XXX Avenue, Apartment XX, Bronx, New York 10467.
2.) The person stated that he was involved in an accident on Hudson Street in New York County on April 12, 2000, while he was working and fell off a scaffold. He hit his head when he fell and suffered a brain injury. The person has a lawsuit currently pending in Bronx County. He stated that he wants a guardian to help him because he has memory problems and he needs someone to make decisions for him. The person further stated that he has attention and concentration problems, anger issues, depression and suicidal thoughts. He takes medication for his various ailments. As a result of his limitations, the person wishes to have a guardian appointed for his property. He nominated R.K., Esq., whom he met at his personal injury attorney’s office, as his guardian. His personal injury attorney is M.F., Esq. He further stated that he was voluntarily asking to have R.K. appointed as his guardian.
3.) R.K., Esq., stated that he was nominated by the person and his family to serve as the guardian after meeting with all of them at M.F.’s office. R.K. further stated that he had previously met with the person a few years ago at M.F.’s office when a guardianship proceeding was being contemplated. R.K. then met with the family more recently in order to see if they were comfortable with him and would be willing to nominate him as the guardian. R.K. referred to his meeting with the family as an audition to see if the family liked him. R.K. admitted that he has a professional relationship with M.F. and that M.F. has introduced him to other individuals in the past with a view toward R.K. being nominated their guardian. R.K. stated that the person and his family, including the person’s father, who is a major player in making decisions for the family, was comfortable with him and asked him to serve as the guardian. R.K. stated that he has served as a guardian in New York and he has knowledge of what is involved in the person’s personal injury action. When asked by the court evaluator if he thought it would be a conflict for him to serve as the guardian in light of how he came to meet the person, R.K. indicated that he would leave that up to the court.
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