DECISION
*1 Before the court is a cross-petition by Pam-Eve Nicholson (the cross-petitioner) seeking to be appointed guardian of the person of Andrew Cronin (Andrew). Andrew’s mother and legal guardian, Mildred Cronin1 (Mildred), died on May 1, 2017. Before her death, Mildred Cronin renounced and consented to the appointment of the cross-petitioner, who is Andrew’s cousin. A guardianship petition initially filed by NYSARC was withdrawn upon the filing of the cross-petition. Jurisdiction is complete and a guardian ad litem was appointed for Andrew. Letters of guardianship of Andrew and of his post-deceased twin brother, Douglas Cronin, who was also intellectually disabled, had been issued to Mildred on September 5, 1980. Subsequently, by decree dated July 2, 1996, NYSARC was appointed stand-by guardian for Andrew.A hearing was held on February 1, 2017, continued onto March 8, 2017, and September 27, 2017, during which testimony was adduced from various witnesses, including Andrew, Mildred, the cross-petitioner, and the individuals whom Andrew fondly refers to as “my staff:” Donatella Horavath, Andrew’s medicaid service coordinator, and Rosetta Williams, the manager at the AHRC supported residence where Andrew lives. The Court had the opportunity to observe the demeanor of Andrew, finding Andrew to be an extremely personable individual who is able to express his preferences and desires, and who enjoys robust support from his family and the staff at the residential facility wherein he resides. However, even with support, it is also clear that Andrew demonstrates a want of understanding arising from his intellectual disability that results in the inability to manage his own affairs, including making medical and financial decisions. Upon the record, the Court is satisfied that Andrew continues to be a person in need of a guardian pursuant to Article 17-A of the Surrogate’s Court Procedure Act, and that it is in his best interest that the cross-petitioner be appointed the guardian of his person. Decisions by the guardian for Andrew shall be made in meaningful consultation with Andrew, taking into consideration his wants and preferences.During the course of this proceeding, the existence of a trust created for the benefit of Andrew, which NYSARC believed was administered by NYSARC or AHRC (the trust), was revealed. The court requested NYSARC to furnish information about the trust, including the amount in the trust and what disbursements had been made. Questioned further, it was revealed that Andrew’s trust account was valued at almost $100,000.00,2 yet up until three
