Surrogate Edward McCarty, III, sitting in Nassau County Surrogate’s Court, was recently presented with a case where a guardian sought to transfer a guardianship from New York to Florida. Francis P. was the guardian of both the person and property of his sister Louise D. In addition, he was the trustee under a supplemental needs trust for his sister. He wanted to terminate the New York guardianship and/or have it transferred to the State of Florida. In his petition he alleged his sister Louise had resided with him in New York until mid-2006. They thereafter moved to Florida. She has been living in Florida for approximately eight years. Francis wanted to be able to administrate the trust and deal with the guardianship in the State of Florida.
Surrogate McCarty’s Decision
Surrogate McCarty found that Francis had complied with the New York Mental Hygiene Law section 83.31. He noted in his decision he had given notice to all persons entitled to receive notice in New York. There was no hearing requested. He also took into consideration Louise had been physically present in Florida for a considerable period of time. No one presented objections to the transfer of either the guardianship or the trust. The plans presented by Francis for Louise’s care were reasonable and met her needs. The judge felt the proper arrangements were being made for the management of Louise’s property. Judge McCarty therefore approved the application by Francis. He agreed to issue a final order confirming the transfer of the guardianship and the termination of the guardianship within the State of New York.
Elliot S. Schlissel is an attorney who has been representing clients in guardianship cases throughout the Metropolitan New York area for more than 45 years.
