Matter of Aho

In Matter of Aho (39 NY2d 241 [1976]) the respondent was a woman in her 80s who had been adjudicated incompetent. Her attorneys appealed a Supreme Court decision that had declared her incompetent and denied her motion to change venue. Contesting the respondent's attorney's authority to bring the appeal, the petitioner argued that an adjudged incompetent loses the ability to have an attorney represent her. The Court of Appeals disagreed. The Court held that because a committee (former article 81 guardian) or the GAL might not "sedulously carry out the wishes of the incompetent person," the attorney has the authority to represent a judicially declared incompetent. (Aho, 39 NY2d at 246.) It was in this context--to protect an adjudged incompetent's rights and wishes--that the Court observed in dictum that a guardian may act contrary to a ward's wishes. The Court of Appeals wanted to protect the rights and desires of a judicially declared incompetent, now an article 81 ward. The Court never suggested that article 12 GALs should carry out what they deem proper against the wards' consent. To interpret Aho to mute the voice and rights of an article 12 ward, as have some outlines and a line of cases that depend on the Aho's dictum, contradicts the Aho Court's intent.