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Petition by Guardian to Transfer Assets of Incapacitated Person Properly Denied

In denying a petition by a guardian to transfer some of the assets of an incapacitated person, the Second Department explained the relevant criteria:

A court may grant a petition pursuant to Mental Hygiene Law § 81.21 to authorize a guardian to transfer a part of an incapacitated person’s assets to or for the benefit of another person if it is satisfied by clear and convincing evidence, inter alia, that “a competent, reasonable individual in the position of the incapacitated person would be likely to perform the act or acts under the same circumstances” (Mental Hygiene Law § 81.21[e][2];…. Here, given the limited information …in support of the petition, and the absence of any indication that the proposed asset transfer plan was approved by the guardian of the property …., the Supreme Court providently exercised its discretion in denying the petition.  Matter of Modesta V, 2013 NY Slip Op 04818, 2nd Dept 6-26-13

 

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