In this proceeding pursuant to Article 17-A of the Surrogate’s Court Procedure Act, the petitioner, an aunt of the respondent who was appointed standby guardian of her person by decree dated December 26, 2012, seeks an order revoking the letters of guardianship that issued to the respondent’s caretaker with whom the respondent resides and appointing the petitioner as successor guardian of the respondent’s person. She also seeks elevation of the respondent’s cousin who was appointed first alternate standby guardian, as successor standby guardian in her stead and the appointment of another aunt who was appointed second alternate standby guardian as successor first alternate standby guardian. The 2012 decree also determined the respondent to be intellectually disabled. In support of the application, the petitioner alleges that the caretaker was appointed guardian of the person of the respondent after the death of the respondent’s mother with the consent of the respondent’s family members; for a period they continued to reside in the rent stabilized apartment where the respondent formerly resided with her mother prior to her death, without incident. After her marriage, the guardian surrendered the apartment, moved the respondent to her husband’s residence and allegedly restricted contact with the respondent’s family. At the hearing, at which the petitioner and her attorney appeared along with the respondent and the caretaker appeared pro se, the caretaker consented on the record to the application and indicated that she would resign as guardian. She further alleged that the petitioner instituted proceedings in the Dominican Republic concerning three parcels of realty owned by the ward’s deceased mother that should devolve to the ward. The petitioner then testified that although she has been engaged in such proceedings for nearly ten years, nothing has been resolved to date. Thereafter, the caretaker’s ward’s resignation and consent was filed. On this state of the record, including the testimony of the petitioner and the caretaker, including the allegations of undisclosed properties in which the ward may have a beneficial interest, and the caretaker’s resignation as the respondent’s guardian, the court declines to award full letters of successor guardianship at this time. Under these circumstances, to investigate and if necessary, secure, the respondent’s assets, the court, sua sponte, appoints Miguelina Carrillo, Esq. as guardian ad litem for the respondent (see SCPA 711 [2], [8]; SCPA 719 [10]). The guardian ad litem is authorized to take any appropriate action including, but not limited to, investigate the suitability of the prospective living arrangements for the respondent and any assets wherever situated in which the respondent may have an interest. Accordingly, this decision constitutes the order of the court revoking the letters of guardianship issued to the caretaker and appointing the respondent’s aunt, Julieta D., temporary successor guardian of the respondent’s person for a period of sixty days from the date hereof or until further order of this court. The Acting Chief Clerk shall mail a copy of this decision and order to counsel for the petitioner, the caretaker and the guardian ad litem. Proceed accordingly.
