In re Loucas

Appellate Division of the Supreme Court of New York

In re Loucas

292 A.D.2d 265, 739 N.Y.S.2d 254, 2002 N.Y. App. Div. LEXIS 3034

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 21, 2002

StatusPublished

This text of 292 A.D.2d 265 (In re Loucas) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Loucas, 292 A.D.2d 265, 739 N.Y.S.2d 254, 2002 N.Y. App. Div. LEXIS 3034 (N.Y. Ct. App. 2002).

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Opinion

Order and judgment (one paper), Supreme Court, New York County (Judith Gische, J.), entered June 29, 2001, inter alia, appointing respondent guardian of appellant’s person and property, and, insofar as appealed from, making such appointment indefinite in duration, unanimously modified, on the facts, to direct respondent to serve a copy of her annual guardian’s report on the Mental Hygiene Legal Service (MHLS) for the First Department, and otherwise affirmed, without costs.

The non-durational period of the appointment is justified by undisputed evidence that the mental disease underlying appellant’s incapacity is severe, progressing rapidly, irreversible and degenerative. We are not persuaded otherwise by the court’s finding “of some indications” of an ability to learn skills that could “compensate for some of the symptomatologies.” However, as suggested by respondent, we modify so as to require respondent to serve her annual reports on MHLS in order to better assure reconsideration of the guardianship in the event, as the court put it, of a “remarkable turnaround” in appellant’s condition (see, Mental Hygiene Law § 81.31 [e]; § 81.36 [b]). The only reason MHLS would not otherwise be entitled to such reports is because appellant is presently residing in a facility out of state (Mental Hygiene Law § 81.31 [c]). Concur — Tom, J.P., Mazzarelli, Rosenberger, Wallach and Marlow, JJ.

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Order and judgment (one paper), Supreme Court, New York County (Judith Gische, J.), entered June 29, 2001, inter alia, appointing respondent guardian of appellant’s person and property, and, insofar as appealed from, making such appointment indefinite in duration, unanimously modified, on the facts, to direct respondent to serve a copy of her annual guardian’s report on the Mental Hygiene Legal Service (MHLS) for the First Department, and otherwise affirmed, without costs.

The non-durational period of the appointment is justified by undisputed evidence that the mental disease underlying appellant’s incapacity is severe, progressing rapidly, irreversible and degenerative. We are not persuaded otherwise by the court’s finding “of some indications” of an ability to learn skills that could “compensate for some of the symptomatologies.” However, as suggested by respondent, we modify so as to require respondent to serve her annual reports on MHLS in order to better assure reconsideration of the guardianship in the event, as the court put it, of a “remarkable turnaround” in appellant’s condition (see, Mental Hygiene Law § 81.31 [e]; § 81.36 [b]). The only reason MHLS would not otherwise be entitled to such reports is because appellant is presently residing in a facility out of state (Mental Hygiene Law § 81.31 [c]). Concur — Tom, J.P., Mazzarelli, Rosenberger, Wallach and Marlow, JJ.

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Bluebook (online)

292 A.D.2d 265, 739 N.Y.S.2d 254, 2002 N.Y. App. Div. LEXIS 3034, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-loucas-nyappdiv-2002.

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