Tuesday, January 3, 2023

A GUARDIAN CAN PURSUE AN ANNULMENT


MATTER OF LOEW, 2022 NY Slip Op 6436 - NY: Appellate Div., 1st Dept. 2022:

"Marriage is a civil contract between two wedded individuals, and among the powers of an article 81 guardian is the power to manage the IP's property, including contracts. Where an article 81 guardian has been appointed for an IP and the individual is found to have been incapable of understanding the nature, effect, and consequences of the marriage, annulment of the marriage is an available remedy for the guardian to pursue (Mental Hygiene Law § 81.29 [d]; Matter of Kaminester v Foldes, 51 AD3d 528, 529 [1st Dept 2008], lv dismissed and denied 11 NY3d 781 [2008])."


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