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In re Barrios-Paoli

Appellate Division of the Supreme Court of New York, First Department
Jan 18, 2000
268 A.D.2d 302 (N.Y. App. Div. 2000)

Opinion

January 18, 2000

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.

Susan Rockford, for Petitioner-Respondent.

Pro Se, for Respondent-Appellant.

ROSENBERGER, J.P., ELLERIN, WALLACH, LERNER, ANDRIAS, JJ.


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).

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

In re Barrios-Paoli

Appellate Division of the Supreme Court of New York, First Department
Jan 18, 2000
268 A.D.2d 302 (N.Y. App. Div. 2000)
Case details for

In re Barrios-Paoli

Case Details

Full title:In re Application of LILLIAM BARRIOS-PAOLI, etc., Petitioner-Respondent…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 18, 2000

Citations

268 A.D.2d 302 (N.Y. App. Div. 2000)
702 N.Y.S.2d 241

Citing Cases

In re Proceeding for the Termination the Guardianship Robert C.B.

[ id. (finding that the respondents lack functional capacity even though "they suffer no mental impairment,…