Matter of Michael J. N., 2017 N.Y. Misc. LEXIS 5104

On December 27, 2017, Erie County Surrogate Barbara Howe terminated a guardianship appointment made pursuant to Article 17-A of the Surrogate’s Court Procedures Act, finding “although Michael’s intellectual assessment qualifies him for an article 17-A guardianship, his adaptive skills, as supported by his placement in a group home, enable him to make health care decisions…

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Sean O., 2016 NYLJ LEXIS 3647

On September 30, 2016, Suffolk County Surrogate John M. Czygier, Jr. denied a petition for 17-A guardianship over Sean O., a twenty-seven-year old man with developmental disability. Surrogate Czygier, Jr. found that notwithstanding his “cognitive limitations,” Sean “is also functioning on his own in society as a capable adult who engages in support[ed] decision making…

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