This section contains the nature of the case and procedural background.

P submitted a petition pursuant to Mental Hygiene Law article 81 for the appointment of a guardian for Hermina Brunson. Dimas Salaberios was appointed temporary guardian for Brunson. Brunson's home had been in foreclosure. The foreclosure action has been stayed pending the conclusion of the guardianship proceeding. P seeks to establish that Brunson was incapacitated from the year 2000 forward and that she lacked the capacity (1) to execute the deed transferring the property to her brother Joseph, and (2) to enter into mortgage agreements with Financial Freedom Senior Funding Corp. (hereinafter Financial Freedom) signed in December 2001 and June 2003. P claims the proceeds were used solely for the benefit of Brunson's brother, Joseph Brunson. He also alleged that Brunson signed the mortgage agreement under physical and emotional duress from her brother. Financial Freedom (D) claims that Brunson had sufficient capacity to enter into the mortgage agreements on December 28, 2001 and June 20, 2003 and that even if she did not, the proceeds of the mortgage were used for her benefit. Ds claims it is entitled to repayment of the monies expended from the mortgage proceeds. Brunson had purchased the home in 1974 and held the property in fee simple until October 12, 2001. Brunson signed a deed transferring her property to herself and her brother Joseph Brunson as joint tenants with the right of survivorship. two reverse mortgages were executed by both Brunson and her brother Joseph Brunson - the first on December 30, 2001 for $300,000; the second on June 20, 2003 for $375,000. The second mortgage paid off and satisfied the first mortgage leaving only the June 20, 2003 mortgage outstanding. Dr. Lewis testified that he treated Brunson from December 2000, until 2006. He diagnosed Brunson's condition as chronic schizophrenia paranoid type. Dr. Lewis saw Brunson on a monthly basis and Brunson was also treated by Dr. Penny, a psychologist, on a biweekly basis. Brunson began suffering from a cognitive impairment that included a loss of memory and inability to function. She complained of hearing voices and suffered from delusions, including the delusion that her neighbor, who had recently been released from prison, was trying to take her home away from her. She also claimed that she no longer had the deed to the house. Brunson also expressed anxiety and great fear of her brother, Joseph. She said that her brother was not feeding her. Dr. Lewis believed that Joseph was mistreating Brunson. His findings resulted in his referring the matter to Adult Protective Services which, after reviewing the complaint, took no further action and closed the case. Based upon the testimony of Dolly Cook, Brunson's sister, and Dr. Lewis, the court found that Brunson suffers from a mental illness which, from the time of her hospitalization in the year 2000, rendered her incapable of handling her financial affairs and from understanding the nature of the reverse mortgages entered into in 2001 and 2003 and their long-term implications. Her psychosis and delusions made it unlikely that she could have distinguished what was real from what was delusional.

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