LEGAL NOTICE

At Part ___ of the Supreme court of the State of New York, held in and for the County of Cattaraugus at the Courthouse, Little Valley, New York, on the 18th day of December, 2025.

PRESENT:

HONORABLE

TERRENCE M. PARKER

Acting Supreme Court Judge

SUPREME COURT :: STATE OF NEW YORK

COUNTY OF

CATTARAUGUS

In the Matter of the Application of

AMENDED ORDER TO SHOW CAUSE

LLOYD WILLIAMS,

Petitioner,

For the Appointment of A Guardian

Of the Person and Property of Index No. I2153

DORR WILLIAMS,

Respondent.

IMPORTANT

An application has been filed in court by LLOYD WILLIAMS who believes you may be unable to take care of your personal needs or financial affairs. LLOYD WILLIAMS is asking that someone be appointed to make decisions for you. With this paper is a copy of the application to the Court showing why LLOYD WILLIAMS believes you may be unable to take care of your personal needs or financial affairs. Before the court makes the appointment of someone to make decisions for you, the Court holds a hearing at which you are entitled to be present and to tell the judge if you do not want anyone appointed. This paper tells you when the court hearing will take place. If you do not appear in court, your rights may be seriously affected.

You have the right to demand a trial by jury. You must tell the Court if you wish to have a trial by jury. If you do not tell the Court you wish to have a trial by jury, the hearing will be conducted without a jury. The name, address and telephone number of the clerk of the court are:

Kara Brunner, Chief Clerk

Cattaraugus County Supreme Court

303 Court Street

Little Valley, NY 14755

(716) 379-6639

The court has appointed a Court Evaluator, Bradley Loliger, Esq. of Center for Elder Law and Justice, an attorney, to explain this proceeding to you and to investigate the claims made in the application. The Court may give the attorney permission to inspect your medical, psychological, or psychiatric records. You have the right to tell the judge if you do not want the Attorney to be given that permission.

The Court Evaluator’s name, address and telephone number are: Bradley Loliger, Esq. of Center for Elder Law & Justice, 438 Main Street, Suite 1200, Buffalo, NY 14202-3207, 716-853-3087, Ext. 220.

You are entitled to have a lawyer of your choice represent you. If you want the Court to appoint a lawyer to help you and represent you, the Court will appoint a lawyer for you. You will be required to pay that lawyer, unless you do not have any money to do so.

On reading and filing the annexed petition of Lloyd Williams, duly verified the 15th day of December, 2025, from which it appears that DORR WILLIAMS, the alleged incapacitated person herein, residing at 3255 Pennsylvania Road, Olean, New York 14760, is unable to provide for his personal needs and to manage his property or financial affairs,

LET, DORR WILLIAMS, the alleged incapacitated person, show cause at a Term of this court, to be held virtually via Microsoft Teams* on the 15th day of JANUARY, 2026 at 3:30 o’clock in the afternoon of that day, or as soon thereafter as counsel can be heard.

WHY a Guardian of the Property should not be appointed for the alleged incapacitated person upon qualifying in accordance with the statutes of the state of New York, said Guardian to have the authority to exercise the following powers on behalf of the alleged incapacitated person:

1. Marshal income and assets.

2. Pay such bills as may be reasonably necessary to maintain the alleged incapacitated person.

*To appear on Microsoft Teams, dial toll free 347-378-4143, meeting code 901207197#. All counsel and Petitioners must appear via video. A link has been sent to all counsel of record. To receive a link, provide an e-mail address to the court clerk at 716-379-6639)

3. Invest funds with the same authority as a trustee pursuant to EPTL 11-2.3.

4. Lease a primary residence for up to three years.

5. Defend or maintain any civil judgment proceeding.

6. Retain counsel subject to Court approval of fees.

7. Retain an accountant.

8. Pay the funeral expenses of the alleged incapacitated person.

9. Pay bills after the death of the alleged incapacitated person if incurred prior to said death if authority to pay any such bill would otherwise have existed.

10. Exercise such authority as may be granted by any statute of the United States of America or any other jurisdiction including but not limited to the State of New York, to a Guardian of the Property, Conservator or Committee of the Property, unless any such statute specifically requires the permission of the Court before the exercise of the power granted therein.

WHY a Guardian of the Person should not be appointed for the respondent, upon qualifying in accordance with the statutes of the State of New York made and provided, said Guardian to have the following powers:

1. Determine who shall provide personal care or assistance.

2. Make decisions regarding social environment and other social aspects of the life of the alleged incapacitated person.

3. Determine whether the incapacitated person should travel.

4. Determine whether the incapacitated person should possess a license to drive.

5. Authorize access to or release of confidential records.

6. Make decisions regarding education.

7. Apply for government and private benefits.

8. Consent to or refuse generally accepted routine or major medical or dental treatment provided that the Guardian of the Person shall make treatment decisions consistent with the findings required under Mental Hygiene Law section 81.15 and in accordance with the patient’s wishes, including the patient’s religious and moral beliefs, or if the patient’s wishes are not known and cannot be ascertained with reasonable diligence, in accordance with the person’s best interests, including a consideration of the dignity and uniqueness of every person, the possibility and extent of preserving the person’s life, the preservation, improvement or restoration of the person’s health or functioning, the relief of the person’s suffering, the adverse side effects associated with the treatment, any less intrusive alternative treatments, and such other concerns and values as a reasonable person in the alleged incapacitated person’s circumstances would wish to consider.

9. Choose the place of abode, provided that the choice of abode must be consistent with the findings required under Mental Hygiene Law section 81.15 the existence of and availability of family, friends and social services in the community, the care, comfort and maintenance, and where appropriate, rehabilitation of the alleged incapacitated person, the needs of those with whom the alleged incapacitated person resides; and provided further that based upon the findings made by the Court, the Guardian of the Person shall have the authority to place the alleged incapacitated person in a nursing home or residential care facility as those terms are defined in section 2301 of the Public Health Law without the consent of the alleged incapacitated person.

WHY the Court should not authorize any Guardian of the property appointed herein to invade any Totten trusts established by the alleged incapacitated person pro rata upon the exhaustion of all liquid assets solely in the name of the alleged incapacitated person;

WHY the Court should not determine the ownership of any assets held jointly by the alleged incapacitated person with any party to this proceeding; and

WHY Petitioner should not have such other further or different relief as may be just in the premises including but not limited to any dispositional

alternative authorized by Mental Hygiene Law section 81.16(b).

SUFFICIENT reason appearing therefore, it is

STATEMENT OF ALLEGED INCAPACITATED PERSON’S RIGHTS

In a proceeding brought pursuant to this article, any party to the proceeding shall have the right to (1) present evidence; (2) call witnesses, including expert witnesses; (3) cross-examine witnesses, including witnesses called by the Court; and (4) be represented by counsel of his or her choice.

The hearing must be conducted in the presence of the person, alleged incapacitated person, either at the courthouse or where the person alleged to be incapacitated resides, so as to permit the Court to obtain its own impression of the person’s capacity. If the alleged incapacitated person physically cannot come or be brought to the courthouse, the hearing just be conducted where the person alleged to be incapacitated resides unless (1) the person is not present in the state; or (2) all the information before the Court clearly establishes that (a) the person alleged to be incapacitated is completely unable to participate in the hearing, or (b) no meaningful participation with result from the person’s presence at the hearing.

If the hearing is conducted without the presence of the person alleged to be incapacitated and the Court appoints Co-Guardians, the order of appointment shall set forth the factual basis for conducting the hearing without the presence of the person for whom the appointment is made.

If the hearing is conducted in the presence of the person alleged to be incapacitated and the person is not represented by counsel, the Court shall explain to the person, on the record, the purpose and possible consequences of the proceeding, the right to be represented by counsel, and the fact that the Court will appoint an attorney to represent the person alleged to be incapacitated if the person wishes to be represented by counsel, and shall inquire of the person whether he or she wishes to have an attorney appointed. If the person refuses the assistance of counsel, the Court may nevertheless appoint counsel if the Court is not satisfied that the person is capable of making an informed decision regarding the

appointment of

counsel.

If any party to the proceeding on or before the return date designated in the order to show cause raises issues of fact regarding the need for an appointment under this article and demands a jury trial of such issues, the Court shall order a trial by jury thereof. Failure to make such a demand shall be deemed a waiver of the right to trial by jury.

LET service of a copy of this order, and the papers upon which it is based, upon the AIP by personal delivery not less than fourteen days prior to the return date hereof be deemed good and sufficient service, provided that if the AIP is not served at his or her residence, then in order for service to be complete, at least one attempt shall be made to leave a copy of the order to show cause, and the papers upon which it is based, with a person of suitable age and discretion at his or her residence within the time required herein for service of process.

LET service of a copy of this order, and the papers upon which it is based, upon the Court Evaluator and the court-appointed attorney, if one is named herein, by mail or by delivery to his or her office within seven days of the date of this order be deemed good and sufficient

service.

LET service of a copy of this order and the papers upon which it is based, by mail upon Scott W. Williams and Donald G. Williams, Sr. and by publication or mail on Sherry Williams and Ann Williams not less than fourteen days prior to the return date of this order be deemed good and sufficient

service.

Hon. Terrence M. Parker, AJSC

GRANTED: December 18, 2025.