Findings Of Fact Conclusions Of Law Order And Judgment And Short Form Commission

Present: Hon. Justice ------------------------------------------------------------------X In the Matter of the Application of , Petitioner, for the Appointment of a Guardian for , An Alleged Incapacitated Person. , At IAS Part of the Supreme Court of the State of New York, County of New York, at the courthouse thereof, 60 Centre Street, New York, New York, on the day of , 20 FINDINGS OF FACT, CONCLUSIONS OF LAW, ORDER AND JUDGMENT AND SHORT FORM COMMISSION (To be executed by the County Clerk) INDEX NO._______________ -------------------------------------------------------------X A petition in the above-captioned matter, verified on the __day of _________, 20____ by the petitioner therein named, having been duly presented to this court seeking the appointment of a guardian for the Alleged Incapacitated Person pursuant to the Mental Hygiene Law, and the Court, by Order to Show Cause dated ______________, 20____ , having required that notice of presentation of petition be given to the Alleged Incapacitated Person and to____________________________________________ _______________________ ________________________________________________________________________________________ , and proof of service on each of the above named persons having been duly filed; and the court having considered the petition and the proof submitted in support thereof, and a hearing having been held on ______________________, 20____; and upon the evidence presented at the hearing; Choose the applicable phrase or provision. Delete the phrase or provision that does not apply. JURISDICTION AND SERVICE In this guardianship proceeding pursuant to Article 81 of the Mental Hygiene Law ("MHL"), the Court, having been satisfied that at the commencement hereof the Alleged Incapacitated Person was a resident of this State or nonresident of the State present in the State, 1 American LegalNet, Inc. www.FormsWorkFlow.com or nonresident of this State, not present in the State, with property in the State (MHL § 81.18), and having been satisfied that the Alleged Incapacitated Person was served with the order to show cause and petition by personal delivery at least 14 days prior to the return date, and that all other persons required to be served under MHL §81.07 were timely served with the order to show cause and petition, and having appointed a/an # Court Evaluator: _____________________________________________ _________, [Name] #Attorney for the Alleged Incapacitated Person: _________________________________, [Name] HEARING and having scheduled a hearing for this proceeding, at which time: # the Alleged Incapacitated Person appeared personally or # the Alleged Incapacitated Person was absent [choose one, delete others ] < because it was determined that he/she was not present in the State. or < the Alleged Incapacitated Person appeared by counsel, who waived his/her appearance and entered a consent to the petition and the appointment of a guardian. or < < the Alleged Incapacitated Person appeared by counsel and a hearing was conducted .or because it was determined by clear and convincing evidence that the Alleged Incapacitated Person was completely unable to participate in the trial or no meaningful participation would result from his/her presence at the trial. [Specify reasons]: ____________________________ ___________________________________________________________________________ FINDINGS OF FACT NEED FOR GUARDIAN It has been established that the Alleged Incapacitated Person has the following functional limitations: O Physical (Specify): O Mental (Specify): 2 American LegalNet, Inc. www.FormsWorkFlow.com and as a result is in need of a guardian to provide for O personal needs, including [choose all that apply, delete others] < food < clothing < shelter < health care < safety < activities of daily living < other_________________________) O financial and property management, including [choose all that apply, delete others] < collection of income < payment of bills < protection and investment of assets < other___________________________________ ) It has been established O that no other available resources exist or O that other available resources appear to exist [choose all that apply, delete others ] < Power of Attorney < Health Care Proxy < Volunteer Service from Community Organization < Other [Specify]: but are insufficient, unreliable, or invalid because [choose all that apply, delete others ] - - the Power of Attorney or Health Care Proxy were improperly given, or - - the Attorney in Fact or Health Care Agent have violated their fiduciary duties - - the Power of Attorney fails to contain powers sufficient to meet current needs - - the volunteers are not sufficiently skilled or or or - - Other [Specify]: It has been established that the powers herein granted are necessary to provide for the needs of the Alleged Incapacitated Person and that without the grant of these powers such needs would not be met. DURATION OF GUARDIANSHIP It has been established that the guardianship of the person is required for O an indefinite duration or O a period of [specify time] 3 American LegalNet, Inc. www.FormsWorkFlow.com and/or the guardianship of the property is required for O an indefinite duration or O a period of [specify time] CONSENT-INCAPACITY As to the appointment of a guardian: O It is made upon the consent of the Alleged Incapacitated Person; or OIt has been established by clear and convincing evidence upon the documentary proof and testimony presented that the Alleged Incapacitated Person lacks understanding and appreciation of the nature and consequences of the functional limitations set forth above and it is likely that the Alleged Incapacitated Person will suffer harm because of these functional limitations and the inability to understand adequately and appreciate the nature and consequences of such limitations. GUARDIAN It has been established that_____________________________________________________________ ___________________________________________________________________________________________ is/are eligible for appointment as a Guardian/co-Guardian under MHL § 81.19 and is/are best suited to exercise the powers necessary to assist the Alleged Incapacitated Person, because: O of the family or other relationship [specify: with the Alleged Incapacitated Person and/or, O of the nomination by the Alleged Incapacitated Person and/or, O of education and experience and/or, O said person(s) is/are the best choice among o