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MATTER OF SHAH

257 A.D.2d 275 (1999)

694 N.Y.S.2d 82

In the Matter of KASHMIRA SHAH, Respondent. HELEN HAYES HOSPITAL et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 6, 1999.

Attorney(s) appearing for the Case

Eliot L. Spitzer, Attorney General, New York City (Thomas D. Hughes and Lyssa M. Sampson of counsel), for Helen Hayes Hospital, appellant.

Gary C. Samuels, Pomona, for Noah Weinberg, Commissioner of the Department of Social Services of Rockland County, appellant.

Fatoullah Associates, New York City (Ellice Fatoullah of counsel), for respondent.

SULLIVAN, FRIEDMANN, and FLORIO, JJ., concur.

OPINION OF THE COURT

BRACKEN, J. P.

The Supreme Court held that Mental Hygiene Law article 81 authorizes a guardian, appointed on behalf of an allegedly incapacitated person (hereinafter AIP), to transfer the AIP's assets to that person's spouse for the essential purpose of allowing the spouse to then refuse to use those assets for the payment of the costs associated with the AIP's long term care. The petitioner, who seeks appointment as guardian, assumes...

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