Opinion
2012-10-24
In the Matter of BARBARA S. (Anonymous), appellant; Lenora S. (Anonymous), respondent.
Mental Hygiene Legal Service, Mineola, N.Y. (Lesley M. DeLia, Felicia B. Rosen, *473Sara O'Connor, and Dennis B. Feld of counsel), for appellant. Enea, Scanlan & Sirignano, LLP, White Plains, N.Y. (George A. Sirignano, Jr., and Sara Meyers of counsel), for respondent.
Mental Hygiene Legal Service, Mineola, N.Y. (Lesley M. DeLia, Felicia B. Rosen, *473Sara O'Connor, and Dennis B. Feld of counsel), for appellant. Enea, Scanlan & Sirignano, LLP, White Plains, N.Y. (George A. Sirignano, Jr., and Sara Meyers of counsel), for respondent.
In a proceeding pursuant to Mental Hygiene Law article 81 to appoint a guardian for the personal needs and property management of Barbara S., an alleged incapacitated person, Barbara S. appeals from an order and judgment (one paper) of the Supreme Court, Westchester County (DiBella, J.), entered December 7, 2011, which, after a hearing, granted the petition and appointed a guardian for her personal needs and property management.
ORDERED that the order and judgment is affirmed, without costs or disbursements.
The petitioner demonstrated that the appointment of a guardian for Barbara S., the alleged incapacitated person, was necessary to provide for her personal needs and to manage her property and financial affairs ( see Mental Hygiene Law § 81.02[a][1]; Matter of Adam J. [ Gwendolyn J.], 89 A.D.3d 943, 944, 932 N.Y.S.2d 710;Matter of Barbara P. [ Doar ], 72 A.D.3d 827, 827–828, 898 N.Y.S.2d 465;Matter of Ardelia R., 28 A.D.3d 485, 486, 812 N.Y.S.2d 140). The petitioner further established, by clear and convincing evidence, that Barbara S. was likely to suffer harm because she was unable to provide for her personal needs and management of her property, and could not adequately understand and appreciate the nature and consequences of such inability ( see Mental Hygiene Law § 81.02[b][1], [2] ). Accordingly, the Supreme Court properly appointed Barbara S.'s sister as guardian for Barbara S.'s personal needs and property management ( see Matter of Adam J. [ Gwendolyn J.], 89 A.D.3d at 944, 932 N.Y.S.2d 710;Matter of Barbara P. [ Doar ], 72 A.D.3d at 827, 898 N.Y.S.2d 465;Matter of Ardelia R., 28 A.D.3d at 486, 812 N.Y.S.2d 140;Matter of Margaret K., 17 A.D.3d 466, 792 N.Y.S.2d 350).