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MATTER OF BB.

246 A.D.2d 820 (1998)

666 N.Y.S.2d 968

In the Matter of Rose BB., a Person Alleged to be Incapacitated. Richard BB., Respondent; Louis BB., Appellant

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

January 22, 1998

Cardona, P. J.

In October 1994, petitioner commenced this proceeding pursuant to Mental Hygiene Law article 81 to have a guardian appointed to manage the affairs of his mother, Rose BB., due to her advanced age and senile dementia. Respondent, petitioner's brother, who lived with Rose in her residence and managed her affairs pursuant to a durable power of attorney executed by her in 1985, opposed the petition...

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