Legal Opinion
In re the Guardianship of Dameris L.
New York Surrogate's Court
Decided December 31, 2012PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Kristin Booth Glen, S.
This case presents the opportunity to reconcile an outmoded,1 constitutionally suspect2 statute, SCPA article 17-A, with the requirements of substantive due process and the internationally recognized human rights of persons with intellectual disabilities. History
On March 9, 2009, Cruz Maria S. filed a petition3 for guardianship of her then 29-year-old daughter, Dameris L. The certifications4 accompanying the petition showed Dameris to have mild to moderate mental retardation, and to be “functioning at the *572mental age of a seven year old.” She is…
2Cases cited9 opinions
- City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
- Lawrence v. TexasSupreme Court of the United States · 2003
- O'Connor v. DonaldsonSupreme Court of the United States · 1975
- Kesselbrenner v. AnonymousNew York Court of Appeals · 1973
- In re the Guardianship of Mark C.H.New York Surrogate's Court · 2010
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- In re the Appointment of a Guardian for D.D.New York Surrogate's Court · 2015
- Jane Doe v. NYS Dept. of LaborDistrict Court, S.D. New York · 2020
- Matter of Robert C. B.Appellate Division of the Supreme Court of the State of New York · 2022