People ex rel. Marabottini v. Farr – Case Brief Summary (New York)

In People ex rel. Marabottini v. Farr, 186 Misc. 811, 33 N.Y.S.2d 600 (1942), a relative of a child whose parents were deceased, obtained a lawful court order for guardianship of the property of the child, but not guardianship of the person.

The Court ruled that the guardianship of the property conferred no custodial power upon the guardian, and that therefore the guardian's consent to a proposed adoption was not required.

However, the court clearly distinguished guardianship of the person, and stated that the consent required by DRL §111, would be required of someone with guardianship of the person.