GUARDIANSHIP OF CHRISTOPHER S., AN INTELLECTUALLY DISABLED PERSON (966 M-96/B; 145 G 95) — In this application by the guardian ad litem appointed for Christopher seeking to approve the funding of a second amended supplemental needs trust dated November 11, 2016 for Christopher’s benefit pursuant to the terms of two “so-ordered” written stipulations dated October 6, 2016 entered into with Christopher’s mother, as guardian of his personal and property, whose letters of SNT trusteeship were suspended, and Christopher’s uncle as the nominated successor SNT trustee for the second amended SNT, process issued to Christopher, the mother and uncle, Christopher’s cousin who is the nominated second successor trustee, the New York City Department of Human Resources/DSS (HRA), the Oklahoma Health Care Authority and the Florida Agency for Health Care Administration, and there was no appearance in opposition. HRA, which previously provided benefits to Christopher, filed a response recommending approval of the application, the mother filed a renunciation of her letters of SNT trusteeship and consents to the application and the uncle filed an oath and designation as successor SNT trustee. The petitioner also seeks to be paid $27,300 for legal services and $1,072.44 for disbursements incurred on her ward’s behalf, and that the mother be paid $32,680.47 in reimbursement of the balance of funds which she personally expended for Christopher’s benefit since December, 2015.
After the mother failed to file annual accounts as SNT trustee and did not secure a replacement bond upon the surety company’s liquidation, the court sua sponte suspended the mother’s letters of SNT trusteeship and appointed the guardian ad litem pursuant to decision and order dated June 4, 2013 (see Matter of Christopher S., NYLJ, June 13, 2013 at 26, col 4 [Sur Ct, Bronx County 2013]). Thereafter, the guardian ad litem obtained orders restraining annuity payments emanating from a prior personal injury settlement and the SNT bank account, retained Oklahoma counsel to file a lis pendens concerning Oklahoma realty held by the suspended trustee individually, and purchased with SNT funds without court order, and obtained the mother’s financial records and information from the SNT bank depositories. As the guardian ad litem ascertained that substantially all of the prior disbursements of SNT funds by the mother were expended for her ward’s benefit, she does not seek any relief against the mother other than to object to her receiving any commissions but recommends that the mother’s letters of trusteeship be revoked for want of understanding and the appointment of a different successor trustee other than Christopher’s uncle, the successor trustee designated in the prior amended SNT document. After a conference was held with a member of the court’s Law Department, the guardian ad litem entered into two written stipulations with the mother and the uncle that were “so-ordered.” The two stipulations provide, inter alia, that: (1) the mother would resign as SNT trustee, the uncle be appointed successor SNT trustee, and Christopher’s cousin, John S., would be appointed successor standby SNT trustee; (2) the mother’s letters of guardianship remain in full force and effect; (3) the restraints on the SNT depository be lifted to the extent that certain payments could be made to the mother in partial reimbursement of the funds advanced by her for Christopher’s benefit after the restraints were imposed and for the payment of property taxes for the Oklahoma realty; and, (4) the request for payment of the balance of the reimbursements sought by the mother await a further application and order of the court. It appears that Christopher and his mother, who were temporarily residing with the uncle, recently moved back to Oklahoma.
