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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46673 Judge Asarch AN ALLEGEDLY incapacitated woman’s health care proxy appointed her daughter as her health care agent. The woman also signed a durable power of attorney naming her daughter and son as co-attorneys-in-fact with the right to act separately. Daughter sought summary dismissal of petitioner son’s action for appointment of a guardian for the woman’s personal needs. She argued that the health care proxy and power of attorney permitted her to choose the woman’s home. The court denied the daughter’s motion. It found that the power of attorney gave no power to the attorney-in-fact to choose the woman’s place of abode and that certain required information as to the woman’s health care proxy signature had apparently been struck. Noting that Mental Hygiene Law Article 81 and Public Health Law Article 29-c do not overlap with regards to choosing the home of and making other decisions for an incapacitated person, the court ruled that a hearing was required to determine if guardianship was appropriate.

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