Justice Richard Meyer
Father and maternal aunt petitioned for appointment as successor guardian of the developmentally disabled ward after mother died. The court noted the ward had a close, loving relationship with the aunt, but found his love and affection for his father was clearly much greater, and there was a deep, emotional bond that did not exist with the aunt. It found both aunt and father have the mental stability, character and ability to adequately act as guardians. Yet, it has long been held that strangers would not be appointed as guardians of the person or property of an incompetent, unless it was impossible to find within the family circle one who was qualified to serve. The court noted under certain provisions of Surrogate’s Court Procedure Act Articles 17 and 17-A, the status of the aunt was that of a stranger, rather than of the “family circle.” Also, there was no evidence, contrary to aunt’s claims, that mother asked her to serve as the ward’s guardian. Further, the court found father had a superior right to that of aunt to appointment as guardian absent evidence such appointment was not in the ward’s best interest. It concluded the best interest of the ward lay in father being appointed his son’s successor guardian, granting father’s petition.
