In re Department of Social Work of Beth Israel Medical Center

—Order and judgment (one paper), Supreme Court, New York County (William Davis, J.), entered January 7, 2003, which granted the petition in this proceeding brought pursuant to Mental Hygiene Law article 81 and appointed a guard*351ian of the personal needs and property of appellant, who is alleged to be an incapacitated person, unanimously reversed, on the law, without costs, the petition denied and the matter remanded for a jury trial.

Appellant was admitted to Beth Israel Hospital on July 30, 2002, for treatment of an infected foot ulcer. She was confined to a wheelchair because of juvenile…