Legal Opinion

In re the Appointment of a Guardian for Olear

New York Surrogate's Court

Decided March 30, 2001PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

John B. Riordan, S.

Before the court is a petition for the appointment of a guardian of the person under SCPA article 17-A. A motion has been made to dismiss the petition for lack of jurisdiction.

William Olear and Helen Olear are the parents of Michael William Olear (respondent). Michael is 21 years of age. He is mentally retarded and has cerebral palsy. Certificates verifying his disabilities have been filed by a physician and psychologist pursuant to SCPA 1750 and 1750-a. Michael was born in New York and resided in Nassau County prior to moving to Arizona with his mother…

2Cases cited8 opinions

  1. Hanson v. DencklaSupreme Court of the United States · 1958
  2. Shaffer v. HeitnerSupreme Court of the United States · 1977
  3. May v. AndersonSupreme Court of the United States · 1953
  4. Lang v. LangAppellate Division of the Supreme Court of the State of New York · 1959
  5. Lang v. LangNew York Court of Appeals · 1960

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3Cited by1 opinion

  1. Matter of Nicholas C.Surrogate's Court, Suffolk County · 2025

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