In re the Guardianship of F.R.

OPINION OF THE COURT

John M. Leventhal, J.

The issue before this court is whether an individual who had served as a court evaluator in a proceeding brought pursuant to article 81 of the Mental Hygiene Law may bid on the sale of the incapacitated person’s (hereinafter IP) real property at a public auction.

This guardianship proceeding was commenced by a residential nursing facility in which the IP had resided. The IP is an elderly woman. She has two surviving children. One son resides in Trinidad and the other in London. The IP owns an apartment in Brooklyn. In sum, the petition alleged that the…