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MATTER OF HUTCHINSON

Index No. 500234/15. Appeal Nos. 15320, 15321. Case Nos. 2021-04065, 2021-03188.

202 A.D.3d 534 (2022)

164 N.Y.S.3d 70

2022 NY Slip Op 00968

In the Matter of Ann Merritt Hutchinson, an Alleged Incapacitated Person.

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

Decided February 15, 2022.

Attorney(s) appearing for the Case

John E. Hutchinson IV, appellant pro se.

McCarthy Fingar LLP, White Plains (Michael S. Kutzin of counsel), for Ann Merritt Hutchinson, respondent.

Concur—Kern, J.P., Oing, Singh, Moulton, González, JJ.

Supreme Court correctly granted the application to amend the guardianship to allow AMH to appoint her daughter as her health care agent, since AMH's decision to do so was consistent with the 2015 health care proxy, and, on this record, AMH had the requisite capacity to appoint a health care agent in 2015. Indeed, AMH was never adjudicated incompetent. In opposing the restoration of powers to AMH appellant failed to meet his burden to show by clear and convincing evidence...

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