In re Commissioner of Cayuga County Department of Social Services for Appointment of a Guardian for Bessie C.

Bessie C.’s husband, Earl L. C., died on October 23, 1993, leaving a will in which he made no provision for his wife because she was suffering from Alzheimer’s disease. Pursuant to EPTL 5-1.1 (a), Bessie C. has the right to an elective share of her husband’s estate. Her present condition and her inability to decide for herself whether to exercise that right give rise to the present proceedings. Bessie C.’s elective share of the estate is approximately $50,000.

The Commissioner of the Cayuga County Department of Social Services (DSS) petitioned Supreme Court to be appointed special guardian of…