Opinion
No. 173–G/1974.
2010-10-13
In the Matter of the GUARDIANSHIP OF MURRAY G., a Mentally Retarded Person.
Evelyn K. Isaac, Esq., for Steven Schneider and Brian Goldenberg, petitioners.
LEE L. HOLZMAN, J.
This is an application by the plenary co-guardians of the person and property appointed by the Circuit Court for Broward County, Florida, Probate Division, to transfer the guardianship of Murray G. to that court, revoke the letters of guardianship of the person and property that issued to the ward's mother, Miriam G., who was appointed by decree of this court dated June 16, 1978, and to discharge Miriam G., without the filing of her account.
The petitioners note that the ward and his mother have resided in Florida since 1985, she is now 89 years old and lives in the same adult home as her son, the mother was judicially determined to be incapacitated, there have been no withdrawals from the guardianship accounts held in this jurisdiction for many years and the ward's funds are intact. Submitted in support of the application are: (1) an order of the Circuit Court for Broward County, Florida, Probate Division, dated March 26, 2010, appointing the petitioners as plenary co-guardians of the person and property of Murray G. and directing them to place the ward's property in a restricted account in a financial institution designated by Florida statutes; (2) an order of the same court, dated April 27, 2010, appointing the petitioners as plenary co-guardians of the person and property of the ward's mother; and, (3) an order of the same court, dated January 11, 2010, accepting transfer of all guardianship assets to the Broward County guardianship.
The petitioners cite no statutory or other authority in support of their application, and no transfer provision per se appears in SCPA article 17–A. Nonetheless, in an analogous situation, New York courts have authorized the transfer of the situs of a trust to facilitate the administration of a trust (see Matter of Rockefeller, 2 Misc.3d 554, 556 [2003], citing Matter of Weinberger, 21 A.D.2d 780 [1964];Matter of Matthiessen, 195 Misc. 598 [1949];Matter of Smart, 15 Misc.2d 906 [1958] ). Similarly, the transfer of these funds to Florida, under the supervision of its judiciary in the jurisdiction where Murray G. and his guardians are now located, is in his best interests and promotes his welfare (see, Matter of Davis, Aug 10, 1995, at 25, col 6, citing SCPA 2221; EPTL 13–3.4; see also SCPA 1758).
Accordingly, based on the satisfactory proof submitted, the transfer application is granted and the letters of guardianship of the person and property of Murray G. that issued to Miriam G. are revoked. Although this court may not relieve Miriam G. of any liability for her acts as guardian without judicial settlement of her account, the court will not order her to account in the absence of a request therefor by an interested party.
Decree signed.