New York Court of Appeals

In the Matter of Edna Shannon, Deceased. Family Service Society of Yonkers, Petitioner v. Westchester County…

June 11, 201525 N.Y.3d 345

Summary

The Court held that Mental Hygiene Law § 81.44 does not allow a guardian to retain the property of a deceased incapacitated person to satisfy a claim that arose before death, limiting retention to administrative costs, liens, and administrative claims.