Matter of B.R. (A.C.)

Holding The Supreme Court properly authorized the co-guardian to change beneficiary designations and reform LLC operating agreements to align with the incapacitated person’s prior estate plan, as permitted by Mental Hygiene Law § 81.21. The court rejected the argument that the statute is limited to lifetime transfers and found that the appellant failed to comply with the operating agreements’ requirements for continuing the business.

The court’s words

Mental Hygiene Law § 81.21 (a) expressly permits the relief sought by the co-guardian upon a finding that an IP would have made proposed transfers if he or she had the requisite capacity to act and if a reasonable person in the circumstances would have made them

2026 NY Slip Op 05733, at the official text

We reject appellant's assertion that Mental Hygiene Law § 81.21 is limited to lifetime transfers, and that Supreme Court therefore lacked the statutory authority to direct a modification to the beneficiary designation on a guardianship account

2026 NY Slip Op 05733, at the official text

The settlement agreement expressly provides that any party may seek judicial intervention upon a showing of good cause and a change in circumstances

2026 NY Slip Op 05733, at the official text