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litigationattorneyhearingtrialmotionharassment
motionharassment

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Cheney v. Wells, 23 Misc.3d 161, 877 N.Y.S.2d 605, 2008 N.Y. Slip Op. 28480

Facts

Diane Wells was accused by her mother, Joyce Cheney, of a long course of harassment and mistreatment, culminating in Diane's arrest for assaulting Joyce. Following Joyce's death, her son, James Cheney, became the executor of her estate and continued the legal action against Diane. Throughout the proceedings, Diane cycled through multiple attorneys, each citing difficulties in communication and representation due to Diane's alleged incapacity. The court noted that Diane was unable to manage her litigation and did not appreciate the consequences of her incapacity, leading to the consideration of appointing a guardian.

Diane Wells was accused by her mother, Joyce Cheney, of a long course of harassment and mistreatment, culminating in Diane's arrest for assaulting Joyce.

Issue

The main legal issue was whether Diane Wells, who was alleged to be incapacitated, could have a limited property guardian appointed to manage her legal representation in the ongoing civil action.

The main legal issue was whether Diane Wells, who was alleged to be incapacitated, could have a limited property guardian appointed to manage her legal representation in the ongoing civil action.

Rule

The court applied the principles of Mental Hygiene Law Article 81, which allows for the appointment of a guardian when a person is unable to manage their personal needs or property due to incapacity.

The court applied the principles of Mental Hygiene Law Article 81, which allows for the appointment of a guardian when a person is unable to manage their personal needs or property due to incapacity.

Analysis

The court determined that Diane's incapacity warranted the appointment of a guardian based on the evidence presented, which indicated that she could not adequately understand or appreciate the nature and consequences of her inability to manage her legal affairs. The court found that the ethical rules governing attorneys allowed for the initiation of a guardianship proceeding when a client is unable to act in their own interest, and that this was the least restrictive alternative available to protect Diane's rights.

The court determined that Diane's incapacity warranted the appointment of a guardian based on the evidence presented, which indicated that she could not adequately understand or appreciate the nature and consequences of her inability to manage her legal affairs.

Conclusion

The court granted the motion to withdraw as counsel for Diane Wells, contingent upon the commencement of an Article 81 proceeding to appoint a limited property guardian within 30 days. The trial was adjourned pending the outcome of that hearing.

The court granted the motion to withdraw as counsel for Diane Wells, contingent upon the commencement of an Article 81 proceeding to appoint a limited property guardian within 30 days.

Who won?

The prevailing party was the executor of Joyce Cheney's estate, as the court allowed for the guardianship proceeding to protect Diane's interests and manage her legal representation.

The prevailing party was the executor of Joyce Cheney's estate, as the court allowed for the guardianship proceeding to protect Diane's interests and manage her legal representation.

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