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Results: Sanctions Obtained in Case of "First Impression"

August 26, 2018

In a matter of "first impression" according to the court, we obtained an order imposing maximum sanctions permitted by law against Marian Kornicki, the guardian for her incapacitated mother. The court sanctioned Marian Kornicki for two instances of misconduct: first, failing to inform her sister and the court that her mother had been transferred to hospice, and second, failing to inform her sister and the court of her mother's death and funeral arrangements.

 

The court determined that Marian Kornicki's "incomprehensible" conduct as guardian, in deliberate disregard of prior court orders, "served no purpose other than to maliciously injure her sister emotionally," and that she acted "in a most cruel way," transgressing "values ... [that] can be traced back for generations." As a matter of first impression, the court also noted that Marian Kornicki's conduct was in conflict with recently-enacted law, known as Peter Falk's law (Mental Hygiene Law 81.16(c)(4)), which requires a guardian to provide "notice of an incapacitated person's death, the intended disposition of the remains, funeral arrangements and final resting place."

 

The order can be found here

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