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- December 26, 2019 Create Date
- December 26, 2019 Last Updated
On September 30, 2016, Suffolk County Surrogate John M. Czygier, Jr. denied a petition for 17-A guardianship over Sean O., a twenty-seven-year old man with developmental disability. Surrogate Czygier, Jr. found that notwithstanding his "cognitive limitations," Sean "is also functioning on his own in society as a capable adult who engages in support[ed] decision making with his family and support professionals. Moreover, Sean is aware of his limitations and recognizes his need to turn to others for guidance on certain matters. In fact, he had executed a health care proxy authorizing his parents to make medical decisions for him. Sean lives on his own, has a driver's license, is employed, and has an active social life. Further, it is clear that Sean is supported by family, friends, and professionals who all have his best interests at heart. Petitioners' concern for Sean's safety, well being, and health care were testified to as their motivation for filing the instant petition. These are valid concerns, but the only question for the court is whether or not Sean needs an Article 17-A guardian."