Legal Opinion

In re the Appointment of a Guardian for Chaim A.K.

New York Surrogate's Court

Decided August 21, 2009PublishedCited by 8 opinions

1Opinion of the Court

OPINION OF THE COURT

Kristin Booth Glen, S.

*838This case presents an important question for courts, and potentially for the legislature:1 to what extent do the shortcomings of article 17-A of the Surrogate’s Court Procedure Act require that it be narrowly construed where mental illness, as well as mental retardation or developmental disability, may be the reason a guardian is required.

The Instant Application

Petitioners here are the parents of Chaim A.K., born March 19, 1988. Because Chaim has reached his majority, his parents have lost legal authority to make decisions, especially medical…

2Cases cited6 opinions

  1. In re D. D.New York Surrogate's Court · 1977
  2. In re St. Luke's-Roosevelt Hospital CenterAppellate Division of the Supreme Court of the State of New York · 1996
  3. In re the Guardianship of B., New York County Courts2002
  4. In re the Appointment of a Guardian for Baby Boy W.New York Surrogate's Court · 2004
  5. In re AnthonAppellate Division of the Supreme Court of the State of New York · 2004

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Disability Rights N.Y. v. New YorkCourt of Appeals for the Second Circuit · 2019
  2. In re the Guardianship of Mark C.H.New York Surrogate's Court · 2010
  3. In re the Appointment of a Guardian for D.D.New York Surrogate's Court · 2015
  4. In re the Guardianship of Dameris L.New York Surrogate's Court · 2012
  5. Matter of Agam B. (Janna W.)Appellate Division of the Supreme Court of the State of New York · 2014

3 more not listed; retrieve them via the Exa API.

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