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MATTER OF ELSIE B.

265 A.D.2d 146 (2000)

707 N.Y.S.2d 695

In the Matter of ELSIE B., a Person Alleged to be Incapacitated. JOEL B., as Guardian of the Person and Property of ELSIE B., Respondent; PHILIP LERNER, Appellant.

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

May 11, 2000.

Attorney(s) appearing for the Case

McNamee, Lochner, Titus & Williams, P. C., Albany (Timothy B. Thornton of counsel), for appellant.

Lefkowitz & Keefe, P. C., Albany (Thomas K. Keefe of counsel), for respondent.

MERCURE, J. P., CREW III, PETERS and SPAIN, JJ., concur.

OPINION OF THE COURT

GRAFFEO, J.

The issue presented is whether a court is empowered under Mental Hygiene Law § 81.21 to authorize the guardian of an incapacitated person to exercise the right retained by the incapacitated person as settlor of a revocable inter vivos trust to modify the trust by adding cotrustees. Supreme Court answered in the affirmative. We agree.

In October 1994, Elsie B. created a revocable inter vivos trust of which she...

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