Court Upholds Guardianship After Long Contest
May 14, 2020
On March 18, 2020, the New York Appellate Division, Second Department affirmed the decision upholding the proposed guardian selected by Korsinsky and Klein, LLP in a highly contested guardianship proceeding brought on behalf of its client. In addition, the appellate court affirmed the decision by the lower court that revoked the health care proxy and power of attorney of a sibling. In the Matter of Rachel Z., the Court found that the appointment of a guardian was necessary and found that the agent under the previously signed Health Care Proxy and Power of Attorney “was not a sufficient and reliable available resources to protect Rachel’s interests,” and that the appellant was not acting in Rachel’s best interest. A copy of the decision can be obtained here.