THE APPLICATION OF LYNNETTE A. LEWIS, AS GUARDIAN OF THE PERSON AND PROPERTY OF SUSAN A MENTALLY RETARDED PERSON PURSUANT TO SCPA §17-A, FOR LEAVE TO LIFT RESTRAINTS, RECEIVE AND TRANSFER ASSETS INTO A POOLED SUPPLEMENTAL NEEDS TRUST

THE APPLICATION OF LYNNETTE A. LEWIS, AS GUARDIAN OF THE PERSON AND PROPERTY OF SUSAN A MENTALLY RETARDED PERSON PURSUANT TO SCPA §17-A, FOR LEAVE TO LIFT RESTRAINTS, RECEIVE AND TRANSFER ASSETS INTO A POOLED SUPPLEMENTAL NEEDS TRUST (306 G 1980/B) ó In this contested miscellaneous proceeding, petitioner, Lynnette A. Lewis ("Lynnette"), seeks authorization to create a supplemental needs trust under the pooled trust maintained by the Nassau County AHRC, Inc. ("NCAHRC") for the benefit of her sister, Susan Jerelynn Lewis ("Susan"). This pooled trust is known as Nassau County AHRC Foundation Community Trust II (the "AHRC Pooled Trust"). In addition, petitioner seeks the revocation of the letters of guardianship of the property issued to her and the awarding of legal fees to her counsel.

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THE APPLICATION OF LYNNETTE A. LEWIS, AS GUARDIAN OF THE PERSON AND PROPERTY OF SUSAN A MENTALLY RETARDED PERSON PURSUANT TO SCPA §17-A, FOR LEAVE TO LIFT RESTRAINTS, RECEIVE AND TRANSFER ASSETS INTO A POOLED SUPPLEMENTAL NEEDS TRUST (306 G 1980/B) ó In this contested miscellaneous proceeding, petitioner, Lynnette A. Lewis (“Lynnette”), seeks authorization to create a supplemental needs trust under the pooled trust maintained by the Nassau County AHRC, Inc. (“NCAHRC”) for the benefit of her sister, Susan Jerelynn Lewis (“Susan”). This pooled trust is known as Nassau County AHRC Foundation Community Trust II (the “AHRC Pooled Trust”). In addition, petitioner seeks the revocation of the letters of guardianship of the property issued to her and the awarding of legal fees to her counsel.

Jurisdiction has been obtained over all necessary parties to the proceeding including Susan, a mentally retarded person for whom a guardian ad litem has been appointed. Objections, in the nature of a verified answer, were filed by the Attorney General of the State of New York, as attorneys for the New York State Office of People with Developmental Disabilities (“OPWDD”). OPWDD proposes the use of a “payback” trust, instead of a pooled income trust, or use some other pooled income trust “which does not have the conflict of interest possessed by the Trustee recommended by Petitioner.” OPWDD states that there is a conflict because Susan resides in an NCAHRC facility, and the funds will be placed in the AHRC Pooled Income Trust. OPWDD claims that this conflict is inherent, as shown by the “Waiver of Conflict of Interest” provision within the Trust, as paragraph Ten.

THE APPLICATION OF LYNNETTE A. LEWIS, AS GUARDIAN OF THE PERSON AND PROPERTY OF SUSAN A MENTALLY RETARDED PERSON PURSUANT TO SCPA §17-A, FOR LEAVE TO LIFT RESTRAINTS, RECEIVE AND TRANSFER ASSETS INTO A POOLED SUPPLEMENTAL NEEDS TRUST

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