UPON the Order to Show Cause seeking to relocate M.S., the Incapacitated Person, dated January 7, 2025; and

UPON the Affirmation in Opposition to the Order to Show Cause dated January 21, 2025; and

UPON the in-person hearing held on February 3, 2025, and the appearances of BENNETT WERNICK, Guardian of the Person and Property; REGINA KIPERMAN, court appointed counsel; DANIEL REITER, attorney for L.S.; KARA MCGUINNESS-HICKEY, of Mental Hygiene Legal Service, attorney for N.S.; and

UPON the testimony of B.K. and L.S.; and

UPON all prior papers and pleadings in this matter;

The Guardian's application to relocate M.S. from the Rehabilitation and Health Care facility to the apartment located at —, Brooklyn New York, is DENIED; and it is further

ORDERED, that M.S. be permanently placed at the Rehabilitation and Health Care facility; and it is further

ORDERED, that the Guardian surrender the apartment located at —, Brooklyn, New York.

Co-Petitioners B.K. and A.S. filed a Verified Emergency Petition dated June 3, 2022, seeking, inter alia, guardianship of their mother, M.S. Pursuant to the Order to Show Cause dated June 13, 2022, B.K. and A.S. were appointed Limited Temporary Co-Guardians of M.S. with the powers set forth in the Order to Show Cause. L.S., daughter of M.S., filed a Cross-Petition dated October 19, 2022, to (1) deny Co-Petitioner's application for guardianship; (2) terminate the Limited Temporary Co-Guardianship; and (3) to appoint Cross-Petitioner as guardian of M.S. By Order of this Court dated June 9, 2023, B.K. and A.S. were removed as Limited Temporary Co- Guardians, and an independent Limited Temporary Guardian was appointed. By Order and Judgement of this Court dated May 7, 2024, M.S. was determined to be incapacitated within the meaning of Article 81 of the Mental Hygiene Law. The Order and Judgement appointed an independent Guardian of the Person and Property, Bennett Wernick, to manage the IP's personal needs and property.

According to the testimony of B.K., during the initial Petition for guardianship, the IP was removed from her former residence located at —, Brooklyn, New York, on June 21, 2022, and placed in a hotel for six weeks by the Limited Co-Guardians, B.K. and Abraham. Thereafter, the IP sustained an injury and B.K. and A.S. hospitalized her at —, and subsequently placed her at the Rehabilitation and Health Care facility, located at —, Brooklyn, New York, on August 5, 2022. The IP currently resides at the Rehabilitation and Health Care facility. She is 104 years old, suffers from dementia, and requires 24-hour care.

"A guardian seeking to change an incapacitated person's place of abode must demonstrate that the change is in the incapacitated person's best interests" (Matter of Emilia, 221 AD3d 712, 713 [2d Dept 2023] [internal quotation marks omitted]). In the instant matter, considering the IP's age, dementia diagnoses, need for 24-hour care, and the acrimonious relationship between her children, the Court determines that it is not in her best interest to be relocated back into the community (see In re Beatrice R.H., 140 AD3d 875, 876 [2d Dept 2016]). The Rehabilitation and Health Care facility provides the IP with the appropriate level of care. The proposed apartment requires renovations to accommodate the IP's needs, such as wheelchair accessibility. Moreover, it is unclear whether the apartment is ADA compliant.

Additionally, the IP has a dementia diagnosis and relocating her may cause unwarranted stress and confusion. Finally, the strained relationship between the IP's children creates an unsafe environment for the IP. The Boro Park Center is able to monitor the IP's visitors and their interactions. If the IP were relocated back into the community, there would be no buffer between the IP and her children who continue to disagree and openly argue between each other about the IP's care. Therefore, for the reasons stated herein, the motion to relocate the IP to the apartment located at —, Brooklyn, New York, is denied; and it is further

ORDERED, that, to the extent that the Temporary Limited Co-Guardians' final accounting does not include an accounting of expenses paid to procure and/or maintain the apartment located at —, Brooklyn, New York, the Temporary Limited Co-Guardians shall file an amended accounting to include such information.

This is the Decision and Order of the Court.