We find that, in this proceeding to appoint a conservator (Mental Hygiene Law, art 77), there was insufficient compliance with the protective statutory scheme. Inter alia, there was not "clear and convincing proof of the need therefor," (§ 77.01), and that the proposed conservatee had "suffered substantial impairment". Also, the decision as to the inability of the proposed conservatee to attend the hearing should not have been made by counsel but by the court...
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