GUARDIANSHIP OF CHRISTOPHER S., a Mentally Retarded Person

MATTER OF THE GUARDIANSHIP OF CHRISTOPHER S., a Mentally Retarded Person (966M1996; 145G1995) — Christopher's mother, who was appointed the trustee of a supplemental needs trust (SNT) for his benefit by the Supreme Court, Bronx County on February 25, 1995 (File No.14877/87), was appointed by this court as guardian of his person and property in March, 1996 (see Matter of Christopher S., NYLJ, Feb. 5, 1996, at 31, col 2). Subsequently the Supreme Court referred her application to amend the SNT to this court which granted the application, inter alia, on the condition that she file a surety bond as trustee of the amended trust document (see Matter of Christopher S., NYLJ, April 17, 1997, at 28, col 3, 4). Recently this court received a copy of a written communication from a bonding company addressed to the trustee at an out-of-state address which varies from the address listed by her in papers filed in this court. In the letter the trustee is reminded that the current bond on file for her as trustee will be canceled as the surety is in liquidation and, as she failed to timely return the requested documents to obtain replacement bond coverage, it will no longer be able to assist her to obtain such replacement coverage. It appears that the trust assets consist of cash, ongoing periodic payments from a structured settlement payable to the trustee and realty held for Christopher's benefit (see Matter of Christopher S., NYLJ, Dec. 4, 1996, at 27, col 2).

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MATTER OF THE GUARDIANSHIP OF CHRISTOPHER S., a Mentally Retarded Person (966M1996; 145G1995) — Christopher’s mother, who was appointed the trustee of a supplemental needs trust (SNT) for his benefit by the Supreme Court, Bronx County on February 25, 1995 (File No.14877/87), was appointed by this court as guardian of his person and property in March, 1996 (see Matter of Christopher S., NYLJ, Feb. 5, 1996, at 31, col 2). Subsequently the Supreme Court referred her application to amend the SNT to this court which granted the application, inter alia, on the condition that she file a surety bond as trustee of the amended trust document (see Matter of Christopher S., NYLJ, April 17, 1997, at 28, col 3, 4). Recently this court received a copy of a written communication from a bonding company addressed to the trustee at an out-of-state address which varies from the address listed by her in papers filed in this court. In the letter the trustee is reminded that the current bond on file for her as trustee will be canceled as the surety is in liquidation and, as she failed to timely return the requested documents to obtain replacement bond coverage, it will no longer be able to assist her to obtain such replacement coverage. It appears that the trust assets consist of cash, ongoing periodic payments from a structured settlement payable to the trustee and realty held for Christopher’s benefit (see Matter of Christopher S., NYLJ, Dec. 4, 1996, at 27, col 2).

Under the circumstances presented, the court, sua sponte, suspends the appointment of Susan Siggelko as the trustee of the supplemental needs trust for the benefit of Christopher (see SCPA 711[6][8]; SCPA 719 [10] and appoints Marjorie Ann Varrichio, Esq., as guardian ad litem to report to the court, inter alia, whether: (1) a claim on behalf of Christopher should expeditiously be filed in the liquidation proceeding; (2) continuation of the bonding requirement is necessary; and, (3) the letters of the suspended trustee should be revoked and a successor trustee appointed.

GUARDIANSHIP OF CHRISTOPHER S., a Mentally Retarded Person

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