In Re: J.D.

Outcome: Spouse appointed as personal needs guardian; CPA as property guardian

Description: This is a case brought under Article 81 of the New York Mental Hygiene Law. My role was Court Evaluator, an independent 79 year old male, US and French Citizen, successful international businessman, collapses from stroke and left brain damaged and unable to accomplish any of the activities of daily living. Incapacitated Person ("IP"), has no Health Care Proxy, Power of Attorney, or Last Will and Testament. Litigation ensues between children from the IP's first marriage and the IP's current spouse, over who should manage the IP's person and property. Several hundred thousand dollars of the IP's invested assets are spent on legal, accounting, and investigation fees and expenses.