A guardianship proceeding was brought before Justice Alexander Hunter Jr., who sits in the Supreme Court of Bronx County. After a hearing, a guardian was appointed for a 94 year old woman, FG. FG had lived in the Hebrew Home for the Aged. A social worker testified at the time of the hearing FG had undergone a variety of tests and evaluations by a psychiatrist. The psychiatrist’s findings were FG had no capacity to make financial decisions. At the hearing, the Controller from the Hebrew Home for the Aged testified FG had an overdue balance of nearly $280,000. Evidence was submitted FG had signed a $50,000 check to the Hebrew Home for the Aged two months after the tests had indicated FG had no capacity to make financial decisions. The $50,000 had been applied to the unpaid balance.
Taking Advantage of An Incapacitated Person
Judge Hunter Jr., appointed a guardian. He stated in his decision he was “outraged by the behavior exhibited by the interested parties.” This included FG’s attorney, the individuals who had power of attorney, and healthcare proxies for FG. Judge Hunter found they all were more interested in getting paid than fulfilling their fiduciary responsibilities to FG. The court ordered the guardian to investigate the facts and circumstances surrounding the $50,000 payment to the Hebrew Home for the Aged. He also ordered the guardian to look into the issue as to whether there was financial exploitation of FG.
Elliot Schlissel is an elder care attorney. He represents seniors with regard to all aspects of guardianship cases.
