These are two contested proceedings separately brought by the respondent’s paternal aunt and maternal cousin, each seeking to be appointed successor guardian of his person and property. The aunt was previously appointed temporary guardian of the respondent’s person for the limited purpose of ascertaining his whereabouts. On the continued hearing date on August 8, 2019, the respondent appeared and the parties and their counsel, another paternal aunt who is the nominated standby guardian in the aunt’s petition, the respondent’s father and Mental Hygiene Legal Services, First Department also appeared and entered into a stipulation on the record in open court (the August, 2019 stipulation”). The terms of the stipulation are, inter alia, as follows: (1) the cousin withdrew her cross petition; (2) the aunt was to file an amended petition seeking the appointment of the other paternal aunt as successor guardian of the respondent’s person only, as it appeared that property letters were not needed; and (3) the cousin was to be appointed successor standby guardian of the respondent’s person. Pursuant to a decree of this court dated May 16, 1996, the respondent was determined to be intellectually disabled, his mother was appointed guardian of his person and an aunt was appointed standby guardian. Both of them are deceased. By decree dated July 15, 2019, the cousin was appointed executor of the mother’s estate and trustee of a testamentary supplemental needs trust into which the respondent’s distributive share of her estate is to be placed. After the mother’s death, the respondent was placed in a residential facility. At the hearing, the respondent stated that he wished to “live with family” and the other maternal aunt, the proposed successor guardian, stated that he could live with her family. Based on that representation, and the respondent’s wishes, MHLS recommends approval of the amended application pursuant to the terms of the August, 2019 stipulation. Thereafter, the petitioner filed an amended application in accord with the terms of that stipulation, and consents were filed for all necessary parties. As it appears to be in the best interests of the respondent, and upon the recommendation of MHLS, the court is satisfied that the petitioner and the nominated successor standby guardian are each qualified to assume the responsibility of serving as the respondent’s successor guardian, the amended application is granted (File No.: 2G1996/A). Letters of successor guardianship of the person of the respondent shall issue to his paternal aunt, Jade S. The respondent’s maternal cousin, Kimberly M., is appointed successor standby guardian when the primary successor guardian is no longer able to do so. The successor guardian shall assume the duties of her office subject to qualification and confirmation pursuant to SCPA 1757. This decision constitutes the order of the court marking the cousin’s cross petition “withdrawn” (File No.: 2G1996/C) and revoking the letters of temporary limited guardianship issued to the petitioner. Settle order amending the May 16, 1996 decree consistent with this decision. Dated: September 9, 2019
