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Matter of McNally

Incapacitated person should remain at assisted living facility despite her desire to return home.

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Justice Berler

MATTER OF McNALLY — This is a proceeding for the appointment of a guardian for Marion A. W. pursuant to article 81 of the Mental Hygiene Law. With the consent of Ms. W., a Temporary Guardian has been appointed by an order dated May 23, 2002. At the time the proceeding was commenced Marion A. W. was a patient at Nesconset Nursing Center. In giving her consent to the appointment of a guardian, Ms. W. sought assurance that she would be able to return home. The Temporary Guardian, Douglas K. McNally, Esq. was given the power “[t]o assist the social work department at Nesconset Nursing Center in planning for the safe discharge of the person allegedly in need of a guardian and identifying appropriate outpatient treatment and services, specifically, to execute any and all documents and secure all services necessary and appropriate to discharge Marion A. W. to her home, with all necessary home health aide and/or other services .”

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