Surrogate Anderson MASTER ELITE LUCKY-PRYOR, Ward (06-4131/B); (06-4131/C) — These are two uncontested proceedings regarding Master Elite Lucky-Pryor, an adult developmentally disabled person for whom an Article 17-A guardian of person and property was appointed by prior order of this court. In the first proceeding, Master Elite Lucky-Pryor’s guardian asks the court to authorize the creation of a supplemental needs trust (SNT) for the benefit of his ward pursuant to EPTL §7-1.12 and Social Services Law §366(2) (b) (2) (iii) (A). The SNT will be funded with the ward’s share of assets from the estate of his mother, currently consisting of $243,504 which is being held in escrow by petitioner’s attorney. The court reviews a proposed first-party SNT to determine whether its provisions comply with the relevant statutory requirements and case law and whether the interests of the beneficiary are protected (EPTL 7-1.12[a][5]; SSL 366 [2] [b] [2] [iii] [A]; 42 USC 1396p[d] [4] [A]; SCPA 207; see, Matter of Mental Hygiene Legal Serv. v. Bishop, 298 AD2d 644, 646; Matter of Goldblatt, 162 Misc 2d 888, 890; Matter of Danielle Marie Chase, NYLJ, Dec. 8, 2004, at 27, col 2). The proposed trust, as submitted, is acceptable in form and provides that upon the ward’s death the state will receive the trust remainder up to an amount equal to the total assistance provided to him during his lifetime, as is required for first-party SNTs. It has been approved by New York City Human Resources Administration for compliance with this and other statutory requirements. The application is accordingly granted. The second application is made pursuant to SCPA §2110 by attorneys seeking legal fees in regard to services rendered to the guardian. Harry Kresky, Esq., represented petitioner in his application to be appointed successor guardian and in the instant proceeding to establish an SNT, and seeks $2,595 in legal fees for these services. He also seeks authorization for the guardian to reimburse him $420 for a filing fee and $1,096 for service of process. Goldfarb, Abrandt, Salzman and Kutzin LLP, seeks $4,500 for drafting of the SNT Agreement and related services. The requested fees are appropriately documented and are reasonable for the services rendered. Accordingly, a decree has been signed establishing an SNT for the benefit of Master Elite Lucky-Pryor in the form submitted and fixing legal fees and approving disbursements in the amounts requested. Dated: September 23, 2019
