Legal Opinion
In re the Appointment of a Guardian of the Person and Property of Derek
New York Supreme Court
Decided June 27, 2006PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Eugene E. Peckham, S.
The mother and father of Derek have petitioned to be appointed as his guardians under article 17-A of the Surrogate’s Court Procedure Act on the grounds that he is developmentally disabled. Mental Hygiene Legal Service has appeared as counsel for Derek and opposes the petition.
Derek was assaulted while traveling in Spain in 2003 when he was 19 and suffered a traumatic brain injury and spinal cord injuries resulting in paraplegia. It is alleged he also suffers from depression, delusions, poor impulse control and inability to make reasoned decisions. At…
2Cases cited10 opinions
- City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
- Heller v. Doe Ex Rel. DoeSupreme Court of the United States · 1993
- Sillman v. Twentieth Century-Fox Film Corp.New York Court of Appeals · 1957
- Dillenbeck v. HessNew York Court of Appeals · 1989
- Ughetto v. AcrishAppellate Division of the Supreme Court of the State of New York · 1987
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3Cited by3 opinions
- Disability Rights N.Y. v. New YorkCourt of Appeals for the Second Circuit · 2019
- In re the Appointment of a Guardian of the Person & Property for BMNew York Surrogate's Court · 2015
- In re the Guardianship of Jon Z.New York Surrogate's Court · 2010