Matter of Agam S. B.-L. (Janna W.--Richard P.)

Summary

The Appellate Division, Second Department, affirmed a judgment appointing Agam S. B.-L.'s father as guardian of his person and property under Mental Hygiene Law article 81. The court held that the petitioner established by clear and convincing evidence that Agam was incapacitated and that appointment of a guardian was necessary. The court also affirmed the denial of the mother's motion seeking to vacate the judgment and obtain a jury trial.

Holdings

1. SCO Family of Services established by clear and convincing evidence that Agam was an incapacitated person within the meaning of Mental Hygiene Law article 81.
2. The appointment of Richard P. as guardian of Agam's person and property was properly affirmed.
3. The order denying Janna W.'s motion for a jury trial and to vacate the judgment was affirmed because the Supreme Court determined that she had waived any right to a jury trial on her cross-petition.

Questions Presented

1. Whether the evidence established by clear and convincing evidence that Agam was an incapacitated person under Mental Hygiene Law article 81 and that appointment of a guardian was necessary.
2. Whether the Supreme Court properly appointed Richard P. as guardian of Agam's person and property.
3. Whether Janna W. was entitled to vacatur of the guardianship judgment and a jury trial on her cross-petition to be appointed guardian.

Disposition

affirmed