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MATTER OF FRANCIS M.

58 A.D.3d 937 (2009)

870 N.Y.S.2d 596

In the Matter of FRANCIS M., a Person Alleged to be Incapacitated. JAMES M., Respondent; BERNARD M., Also Known as DONALD M., Appellant. (And Another Related Proceeding.)

Appellate Division of the Supreme Court of New York, Third Department.

January 8, 2009.

LAHTINEN, J.

In 1997, Bernard M. and James M. were appointed pursuant to Mental Hygiene Law article 81 as coguardians of the person and property of their brother, Francis M. Two standby guardians were also named, Patricia M. (another sibling) and Joann M. (wife of James). Francis, who is mildly mentally retarded and in his late 60s, had lived with his mother until her death in 1996. Two trusts were established to help provide...

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