1 a8eg SUPREME COURT - $' SPE Present: Ton __S, he Mater oF ligation oP Cad 2 eaeiedecae ef Qufalk ‘eualy Department of Social Services, for the Appointment of a Guardian of the Person and/or Property of MARYANN HENNEN, A Person Alleged to be Incapacitated, Upon the following pepers numbered 1 to 12 + Notice Of Motion and aupporting papers 7-10; Replying Affidavits and suppor number etc DOR DES be c0rouu INDEX NO. 16328/07 STATE OF NEW YORK. MLS MOTION DATE: 7/7/09 MOTION NO.: 003 - MOTD CHRISTINE MALAF, ESQ. Surtelk County Attorney Atlamey far potitianor Suffolk County Department of Law Family Cour/Social Services Bureau Cohalan Court Comptex 400 Carleton Avenue Central Islip, New York 11722 VINCENT G. BERGER, JR. BSQ. Special Guardian 133 Fast Main Street Babylon, New York 11702 MARY ANN HENNEN 178 Bayview Avenue Northport, New York 11768 IAN S, WILDER, ESQ. P.O, Box 6037 ‘North Babyion, New York 11703 read on this motion to obtein a Social Security Papors 1ig/ Answering Affidavits and supporting ting papers 11-12; i¢ 1s,Vest Les out 2 a8ed Matter of DeMarzo (Hennen) Index No. 16328/07 Page 2 is moti cit ian, Vincent G, Berger, Jr., Esq., tor FED that he branches ofthis motion by the Special Guardian, Vince i an order a) decting Mary anatlemen 20 furnish the Special Guardian with her Social See nuba whic is i fc in order to record the dees ferring ; A Bertier avonet Verto. New Yok 11768 from Iokn T. Rieger, ag surviving trustee, under the A178 Bayview se i #8 Mary Ana Hennen, or, b) expanding the powers Rusnaiee Pars EEE Ea bent ‘Seaurly Adminioraron es obtain the Social g aM Ha Hennes and to furiiah same to the Suffolk County Clerk for the purpose of i if tt ii soho theNortiees Property are granted to the extent that if Mary Ann Hennen fe 8 oes not ish such Social Security number to the Special Guardian within twenty days after service upon her of copy ofthis order together with notice of entry the powers of the Special Guardian shall be expanded ORDERED that this order shall constitute the supplemental commission to the. ‘Special Guardian with tespect to such expanded powers, and it is further Mary Ann Hennen, the Special Guardian may submit, on natice to Mary Ann Hennen and the Suffolk County Attorney, # report confirming that such deed has been recorded, and a proposed order providing for the termination of this special guardianship, MEMORANDUM This Mental Hygiene Law article 8 proceeding wos brought by the petitioner seeking appointment of 4 Guardian for Mary Ann Hennen with a broad array of powers, After a hearing, this Court eoneluded that appointment a Guardian with far-ranging powers was not appropriate, Insiead, the Court. appointed a Special Guardian with limited Powers. In its May 30, 2008 memorandum and order the Court explained: +. Notwithstanding her apparent functional limitations and Patent lack of understanding or appreciation of the nature and consequences of such without leaving the general locale of her residence notwithstanding her belief that superior care is available overseas). Notwithstanding the Telated, z00RMatier of DeMarto (Hennen) Index No. 16328/07 Page 3 tooR cot Lee OUL issues, ane withaut shelter. Bhe has engaged the services ofa rcal estate broker and iarsslva suet ce ha i tegidenoe in whish she reaidsa, She seems fully to understand the concept of money, and there {s no proof on the record that she would be unable properly to manage or invest her funds if given contro} thereof. Indeed, the only activity shown by the evidence that she has seemingly been unable to accomplish is to secure the transfer of the residence in which she has been living to herself trom the Trust, (The deterioration of the premises is at least as explainable by her lack of funds as it is by any conclusion that she does not understand the need to maintain her residence in a safe and habitable condition.) Related to the issue of the real property are concems over its disposition, Ms. Hennen has obtained several binders for the sale of her residence, and had, as of the date of the hearing, not selected which offer to accept, This potentially could result in one or mote interested potential purchasers deeming her lo be in breach of a contract when one offer is finally accepted. Before a Guardian may be appointed for aperson, even when the person suffers from functional limitations, and has a lack of understanding and appreciation of the nature and consequences of such functional timitations, there also must bea finding that there is a likelihood that the person will suffer harm as. tesult thereof (see, Mental Hygiene Law § 81.15(b)(3) and (c)(4)). Moreover, there ‘must be a necessity for the appointment of a Guardian to prevent such harm (see, Mental Hygiene Law § 81.15(b)(4) and (¢}(6)). ‘With regard to most aspects of Ms, Hennen’s tife there is no basis for finding that a Guardian will serve to prevent harm, Ms. Hennen, without the services of a Guardian will attend to all her activities of daily living and make such lifestyle choices aa she prefers. Ms. Hennen does not in any sense seem to be 8 person whose behuvior or opinions can be controlled by a Guardian by any smeans short of the most intrusive restrictions on her liberty and her right to make decisions, In this Court's view there would be more harm in such a “remedy” than will be suffered by Ms. Hennen if she is able to live without a Guardian after the resolution of the specific issues related to the real Property that until recently was held by the Trust. The clear and convincing evidence shows the need only for a Special Guardian to assist Ms. Hennen with her expressed preference to obtain title to the subject residential premises, and to thereupon sell the property. Because of Ms. Hennen’s history of failing to maintain a utilitarian relationship with a lawyer, the Special Guardian shall be empowered to enter a retainer with counsel