Zietek v. Pinnacle Nursing & Rehab Center

Background

Genevieve Zietek, proceeding without a lawyer, sued Pinnacle Nursing & Rehab Center. The court construed the complaint as raising claims under the Nursing Home Reform Act, 42 U.S.C. § 1396r. Zietek alleged that Pinnacle staff physically and financially abused her and that two co-residents harassed her. She also alleged that Pinnacle filed a guardianship petition to obtain control over her financial affairs and that, after she was placed under guardianship, Pinnacle took her money without giving her bank statements or records showing how the money was spent.

Pinnacle moved to dismiss the complaint. In support, it submitted a state-court order declaring Zietek an “incapacitated person” and appointing the Bronx Community Guardianship Network, Inc. as her guardian. A report submitted by the Guardianship Network to the state court stated that Zietek had been diagnosed with Psychotic Disorder with Delusions, Major Depressive Disorder, and Parkinson’s Disease, and that she had refused psychiatric medication.

Competency and representation

Federal Rule of Civil Procedure 17(c)(2) requires a court to appoint a guardian ad litem—a representative who protects an incompetent person who is unrepresented in a lawsuit. The court explained that documented evidence of mental incompetency triggers an obligation to examine whether the person can represent herself. It also stated that a court may not decide the merits of an unrepresented incompetent person’s claims without first appointing a suitable representative.

The state-court order and report provided evidence requiring the federal court to inquire into Zietek’s legal competency and ability to represent herself. The court therefore referred the matter to Judge James L. Cott to determine whether Zietek is legally incompetent under Rule 17(c)(2) and, if necessary, to appoint a guardian ad litem. If the guardian is not an attorney, Judge Cott was also asked to determine whether appointing a lawyer would be appropriate.

Ruling

Judge Analisa Torres denied Pinnacle’s motion to dismiss without prejudice to renewal after the competency determination and any necessary appointment of a guardian ad litem. The court did not reach the merits of Zietek’s claims. The Clerk of Court was directed to terminate the motion pending at ECF No. 15.