By Order dated March 13, 2020, the Court appointed Care Manage for All, LLC as special limited guardian of the person of E. K.. The Order granted Care Manage for All, LLC (the "Guardian") the powers to facilitate visitation and communication between E. K. and S. B. and imposed a bimonthly reporting requirement on the Guardian to update the Court and counsel on the progress of the visits and communication. In separate Findings dated March 13, 2020, the Court confirmed E. K. wishes to visit and communicate with S. B. but suffers limitations that make her unable to coordinate such visitation and communication.

The Court has received and reviewed interim Guardian's reports from Kim Evanoski, CEO and Manager of Care Mange for All, LLC, including but not limited to the reports of Care Manage For All, LLC dated July 12, 2020, July 14, 2020, July 16, 2020, and July 18, 2020. Based on the allegations contained in the July 12, 2020 report, the Court expressed concerns about the safety and well-being of E. K. and on its own initiative treated the interim Guardian's reports as an application for temporary relief pursuant to Mental Hygiene Law Section 81.23(b)(1). The Court accordingly granted Care Manage For All, LLC, and all its employees, access to E. K. and the home of E. and R. I. and/or anywhere on the property of E. and R. I., for the purpose of meeting with, speaking with, and assessing the circumstances of E. K. This was confirmed by Access Order dated July 13, 2020, which continues in full force and effect.

Based on the July 14, 2020 report, the Guardian detailed the visit between Kim Evanoski and Erik O'Brien from Care Manage For All, LLC with E. K., which took place on July 13, 2020. The Guardian reports that during the visit, bruises were observed on E. K.'s arms, raising [*2]concern about the possibility of E. K. being physically abused. The report details others information supporting this concern. The report contained requests for relief, including an Order of the Court allowing the Guardian the authority to take E. K. to a doctor's appointment for a physical examination and to attend the appointment with her. The Guardian was granted the Access Order pursuant to Mental Hygiene Law § 81.23, in which the Legislature set forth provisional remedies to "protect a vulnerable adult who has fallen victim to physical abuse or financial exploitation (see Rose Mary Bailly, Practice Commentaries, McKinney's Cons Laws of NY, Book 34A, MHL 81.23)." Matter of Jaar-Marzouka (C.W.), 2016 NY Misc. LEXIS 1934, *5 (Sup Ct, Dutchess County 2016).

The Guardian's July 16, 2020 report contained more requests for relief, including that E. K. be taken out of the home of E. I. and E. K. receive an examination from a geriatrician. The Court, on its own initiative, treated this report as an application by the Guardian seeking an expansion of the Guardian's powers, to include the authority to decide the place of abode of E. K., pursuant to Mental Hygiene Law § 81.22.

On July 16, 2020, Denice Hamm, Esq., on behalf of E. I., filed a motion to revoke the parties' stipulation entered into on the record on March 4, 2020; to "quash the motion" of Kim Evanoski, or to dismiss the allegations made by Ms. Evanoski in her Guardian's reports; and to seek an Order of the Court enjoining any removal of E. K. from the home of E. I.

On July 17, 2020, S. B. filed a new petition pursuant to Mental Hygiene Law Article 81, under Index No. 2020-5382, seeking a finding that E. K. lacks capacity with regard to her personal needs and property management; a full guardianship of E. K., with expanded powers to Care Manage For All, LLC or an appointment to S. B.; joining in the requests for relief articulated by the Guardian in the July 16, 2020 report; directing E. I. be enjoined from keeping E. K. isolated; alternatively requesting more visitation between S. B. and E. K.; removing E. I. from E. K.'s bank account; and holding E. and R. I. in contempt for their alleged violation of the Guardian's access to E. K. while attempting to facilitate court-ordered visitation.

The Court issued an Order to Show Cause on this petition on July 17, 2020, finding good cause to schedule an expedited hearing on the requests made by S. B. and the Guardian. The matter was scheduled for hearing via Skype for Business on July 24, 2020 at 11:00 a.m. At the hearing, S. B. appeared with her counsel, Douglas Mahr, Esq. and Gina Glover, Esq.; E. K. appeared; Greg S. Catarella, Esq., court-appointed counsel for E. K. appeared; Kim Evanoski of Care Manage For All, LLC appeared; and E. I. appeared with her counsel, Denice Hamm, Esq.

On the record, the Court consolidated this matter with the newly filed petition by S. B. under Index No. 2020-5382.

At the hearing, Kim Evanoski testified as to her background, credentials, and the creation of her interim Guardian's reports. Her reports contained narrative reports authored by Ms. Evanoski; narrative reports authored by her employee, Erik O'Brien; video recordings made during interactions with E. K. and E. and R. I.; a photograph showing bruises on E. K.'s arm; and a voice recording of a phone call between Ms. Evanoski and E. I. The reports were entered into evidence as Court Exhibits 1 through 6.

Based on the testimony and reports of Kim Evanoski, the Court finds that there has been a showing of danger in the reasonably foreseeable future to the health and well-being of E. K. MHL 81.23(a). The Court hereby appoints Care Manage For All, LLC as the Temporary Guardian of E. K., with such appointment to continue pending the outcome of the full hearing in this matter, and until further Order of this Court. The Court so holds without making any present [*3]finding regarding E. K.'s capacity, which will be the subject of a final determination at the conclusion of the full hearing in this matter.

Based on the foregoing, it is now hereby

ORDERED, that CARE MANAGE FOR ALL, LLC, with an office located at 213 N. Tioga Street, No.312, Ithaca, NY, 14851, is hereby appointed Temporary Guardian (the "Temporary Guardian") of the person of E. K., pursuant to Mental Hygiene Law § 81.23(a); and it is further

ORDERED, that the Court finds good cause to appoint CARE MANAGE FOR ALL, LLC, which does not appear on the list for guardian appointments in Part 36 of the Rules of the Chief Judge (22 N.Y.C.R.R. 36), as Temporary Guardian due to the particular needs of E. K. as confirmed by the Court Evaluator's report entered into evidence on March 4, 2020, the skills and expertise of CARE MANAGE FOR ALL, LLC, pursuant to 22 N.Y.C.R.R. 36.2(b)(2), and the relationship between CARE MANAGE FOR ALL, LLC and E. K.; and it is further

ORDERED, that though the file in this matter is sealed, this Temporary Order is not sealed and copies may be shared by Kim Evanoski and all counsel of record in this matter, as reasonably needed; and it is further

ORDERED, that pursuant to 22 N.Y.C.R.R. 36.1, the Temporary Guardian shall be subject to Part 36 of the Rules of the Chief Judge; and it is further

ORDERED, that by accepting this appointment, the Temporary Guardian certifies that it is in compliance with Part 36 of the Rules of the Chief Judge (22 N.Y.C.R.R. 36), including but not limited to Section 36.2(d) ("Limitations on appointments based on compensation"), and if the Temporary Guardian is disqualified from receiving an appointment pursuant to the provisions of Part 36, the Temporary Guardian shall notify the appointing Judge forthwith; and it is further

ORDERED, that by accepting this appointment, the Temporary Guardian certifies that it is familiar with the duties and responsibilities of acting as Temporary Guardian for an Incapacitated Person and has experience in such area, and is fully capable and prepared to assume those duties and responsibilities which are commensurate with its abilities; and it is further

ORDERED, that the attorneys or support staff in the Temporary Guardian's office may perform tasks under the appointee's direct supervision, but all substantive appearances and reports must be performed and/or created by the appointee; and it is further

ORDERED, that pursuant to 22 N.Y.C.R.R. 36.1(a)(10) the Temporary Guardian is not authorized to hire counsel, an accountant, auctioneer, appraiser, property managers, or real estate broker (secondary appointees) without further Order of the Court, and that the Temporary Guardian is not authorized to pay fees to any secondary appointee(s) without further Order of this Court; and it is further

ORDERED, that compensation for the secondary appointee(s) is subject to prior Court approval upon submissions of affirmations, not more frequently than monthly, showing experience/expertise, services rendered, time expended, prevailing rate in the community, rate charged, challenges presented, and results achieved; and it is further

ORDERED, that pursuant to Mental Hygiene Law Section 81.23(a), the Temporary Guardian shall have the following powers constituting the least restrictive form of intervention:

a) Choose the place of abode of E. K., including placing E. K. in the home of S. B. on a temporary basis as a form of respite, pending the outcome of the full hearing in this [*4]matter.

b) Facilitate visitation between E. K. and E. I., with visits to take place weekly, if possible, with the authority including but not limited to coordinating with E. K., E. I,, and S. B. regarding the scheduling of dates and times for visitation; determining the amount of time per visit; picking up E. K. and transporting her to and from visits; and cancelling or rescheduling visitation if E. K. cannot physically or does not want to attend. The Guardian shall have unrestricted access to E. K..

c) Setting up and coordinating the use of telephone calls and/or an electronic means of video communication between E. K. and E. I,, such as, for example, Skype or Facetime.

d) Arrange for E. K. to receive an evaluation from a geriatrician, whose report shall be provided to the Court by the Temporary Guardian for the Court's in camera review.

and it is further

ORDERED, that filing of a bond by the Guardian is dispensed with; and it is further

ORDERED, that S. B., E. I,, and CARE MANAGE FOR ALL, LLC shall each have access to E. K.'s medical and care providers, records, and information, subject to review by the Court in the event such access becomes burdensome to the providers; and it is further

ORDERED, that S. B. shall have the authority to contact E. K.'s pharmacy to coordinate and arrange for the refilling of E. K.'s medication; and it is further

ORDERED, that pending the conclusion of the hearing, this Temporary Order shall be self-effectuating, and CARE MANAGE FOR ALL, LLC shall have the authority to act as Temporary Guardian of E. K. without the need to file a Commission; and it is further

ORDERED, that all other Orders in this case remain in full force and effect; and it is further

ORDERED, that the joint bank account of E. K. and E. I, into which E. K.'S income flows, will be frozen, by separate Order to be issued by this Court, pending the outcome of the full hearing in this matter; and it is further

ORDERED, that the hearing in this matter shall continue on August 10, 2020 at 1:30 p.m. via Skype for Business.