In re G.W.C

In In re G.W.C., 4 Misc 3d 1004[A], 2004 NY Slip Op 50660[U] [2004]) the Court allowed a mildly mentally retarded individual to nominate siblings as co-guardians. However, in G.W.C., the Court did not address the issue of capacity required for an alleged incapacitated person to make a nomination, but rather focused on the alleged incapacitated person's father's lack of understanding and compassion in caring for his daughter, and the application of 81.19[c] of the Mental Hygiene Law, which states that in the absence of another nominee, the court shall appoint the person nominated by the alleged incapacitated person, unless it determines for good cause that such appointment is inappropriate.