1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 202 A.D.3d
  5. 202 A.D.3d 534 (2022)
 

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...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases