There is a disturbing trend where contested guardianship cases are being litigated like plenary proceedings, ignoring the fact that they are special proceedings. This strategy intentionally drags out what was meant to be a quick proceeding by months or even years. The delay harms the very individuals the guardianship statute was meant to protect.

A recently reported guardianship decision, Matter of Farley, 2024 N.Y. Misc. LEXIS 3002 (Sup. Ct., Monroe Cty.) is important for two reasons. It calls attention to the emerging problem of abusive litigation tactics in contested guardianship cases. It also makes the procedural point that discovery in special proceedings requires prior court approval.