The petitioner, the respondent’s mother who was appointed guardian of his person and property by decree dated April 30, 2009, seeks to establish and fund a supplemental needs trust (SNT) for the respondent’s benefit. The SNT is to be funded with the proceeds of guardianship accounts at six depository banks in the name of the property guardian jointly with the Guardian Clerk of this court emanating from a malpractice action brought on behalf of the respondent while an infant which was settled in the Supreme Court, New York County (Gammerman, J.). Jurisdiction was obtained over the respondent, New York City Department of Social Services (HRA), Department of Social Services/Wallace H. Huralt Center (DSS/North Carolina) and the six depository banks, without any appearance in opposition. A consent and oath and designation were filed for the nominated SNT trustee, Orange Bank & Trust Company.The 27-year-old respondent now resides with the petitioner in North Carolina. He was previously determined by the court to be intellectually disabled and is nonverbal. The court previously authorized de minimis withdrawals from the guardianship accounts to pay income taxes and other administrative expenses.In support of the application, the petitioner states that Medicaid and SSI benefits previously provided to the respondent were recently terminated because the guardianship accounts established for the respondent’s benefit were counted as available resources, and those benefits will not be reinstated unless the funds held in the guardianship accounts are utilized to fund an SNT for the respondent’s benefit.In the absence of any opposition, and that the respondent is a person with alleged severe and chronic disabilities, in that these disabilities are expected to, and do, give rise to a long-term need for specialized health, mental health, developmental disabilities, social or other related services, and who may need to rely on government benefits or assistance (EPTL 7-1.12), this application for leave to establish and fund the SNT is granted (EPTL 7-1.12). The court declines to require a bond, as the SNT trustee is a banking institution.After considering all relevant factors (see Matter of Freeman, 34 NY2d 1 [1974]; Matter of McCranor, 176 AD2d 1026 [3d Dept 1991]; Matter of Kaufmann, 26 AD2d 818 [1st Dept 1966]; see also Matter of Potts, 213 App Div 59 [4th Dept 1925), affd 241 NY 593 [1925]), the court allows payment of legal fees totaling $ 4, 500 for all services rendered and to be rendered in connection with this proceeding. Disbursements are allowed in the reduced sum of $229.50 reflecting the corrected filing fee herein and reduction for certain items normally considered office overhead.Notwithstanding the lack of any opposition, the decree shall be settled upon HRA, DSS and the six guardianship depositories.Settle decree and proceed accordingly.
