In this case the Surrogate’s Court had to consider issues related to a contested guardianship under Mental Hygiene Law Article 81 and invalidating a property conveyance by the person who is the subject of the guardianship. Mental Hygiene Law Article 81 provides that upon petition, the Surrogate’s Court can appoint a guardian to handle the personal and/or financial affairs of a person who has been found to be incapacitated and would suffer harm in the absence of a guardianship.
Here, it was discovered that R. Nurse transferred 50% ownership in real property to his stepson, Dacres. R. Nurse’s biological children, M. Nurse and H. Nurse, stepped in and petitioned the court to be appointed co-guardians of R. Nurse. They also requested that the court void the transaction that conveyed R. Nurse’s property to Dacres. At the hearing, evidence was produced that confirmed that R. Nurse had dementia. Further, there was clear evidence that R. Nurse was incompetent at the time that he signed the deed and that he was subject to undue influence. Thus, the court voided the deed and granted the petition of M. Nurse and N. Nurse to be appointed co-guardians. Dacres appealed.
In ruling in favor of the petitioners, the court noted that the general rule is that it is assumed that a person is competent. The burden is on the petitioner to prove with clear evidence that the party is not competent. When it comes to voiding a property conveyance, the burden is on the petitioner to show that the party was not competent at the time of the conveyance.