Opinion
2020-0186
04-24-2020
In the MATTER OF the Application of TOMPKINS COUNTY DEPARTMENT OF SOCIAL SERVICES, Petitioner, Pursuant to Article 81 of the Mental Hygiene Law For the Appointment of a Guardian of the Person and Property of John K., an Alleged Incapacitated Person.
Isaac Lindbloom, Esq., counsel for Commissioner of Tompkins County Department of Social Services, Petitioner Mental Hygiene Legal Service (3rd Dept.), A. Laura Bevacqua, Esq., of counsel, appointed counsel to AIP
Isaac Lindbloom, Esq., counsel for Commissioner of Tompkins County Department of Social Services, Petitioner
Mental Hygiene Legal Service (3rd Dept.), A. Laura Bevacqua, Esq., of counsel, appointed counsel to AIP
David H. Guy, J.
On April 10, 2020, the Court signed and issued an Order to Show Cause, directing John K. to show cause as to why a Guardian of the Person and Property should not be appointed for him and appointing Mental Hygiene Legal Service (3rd Dept.) as counsel to represent John K. in this matter. The Order to Show Cause directed the Petitioner to effectuate personal service of the Order to Show Cause and Petition on John K. on or before April 21, 2020.
On April 23, 2020, Isaac Lindbloom, Esq., counsel for Kit Kephart, Commissioner of Tompkins County Department of Social Services, Petitioner herein, filed an affidavit with supporting documentation, alleging Petitioner has been unable to effectuate personal service on John K. to date. The affidavit alleges John K. has remained a patient at Guthrie Robert Packer Hospital in Sayre, Pennsylvania. According to the affidavit, Guthrie Hospital is not allowing any individuals to enter the hospital unless it is medically necessary, due to the ongoing Covid-19 pandemic, so a process server or Department of Social Services case worker has not be allowed to enter the hospital to serve the papers on John K. Hospital staff, on the direction of the hospital's counsel, has refused to assist Petitioner in delivering the papers to John K. personally, indicating it would send a "mixed message" to John K. While John K. remains at Guthrie to-date, he may soon be transferred to Geisinger Health South Rehabilitation Hospital in Danville, Pennsylvania. In the affidavit, Mr. Lindbloom seeks an Order of the Court allowing for substituted service on John K. at either Guthrie or Geisinger by regular mail, as electronic mail or notice via social media are not options due to John K. not having an email address or social media.
Mental Hygiene Legal Service (3rd Dept.), A. Laura Bevacqua, Esq., of counsel, has indicated it does not take any position regarding the relief sought in the affidavit and requests the Court reserve John K.'s right to object to the appointment of a guardian, including the opportunity to ask for the petition to be dismissed.
The Court is satisfied that Petitioner has made every possible effort to effectuate personal service on John K. The Court will direct the Order to Show Cause and Petition be served on John K. in a manner other than personal delivery due to the impossibility of having him personally served at Guthrie Hospital. MHL 81.07(e)(2)(i).
This Decision constitutes the Order of the Court.
In furtherance of this Decision, it is hereby
ORDERED, that a copy of the Order to Show Cause and Petition upon which it is granted shall be mailed to John K. in his room at Guthrie Robert Packer Hospital and/or at Geisinger Health South Rehabilitation Hospital on or before April 27, 2020; and it is further
ORDERED, that this Decision and Order in no way prejudices the right of John K. to object to the appointment of a guardian and/or move to dismiss the petition at the appropriate time.