In re Elmer Q.

OPINION OF THE COURT

Graffeo, J.

Petitioner was retained in 1989 by respondent and remained his attorney until discharged in February 1997. After a disagreement over respondent’s living arrangement and certain expenditures, respondent revoked petitioner’s power of attorney and executed a new power of attorney appointing attorney Alvan Hutchinson, Jr. On February 28, 1997, petitioner commenced this proceeding pursuant to Mental Hygiene Law article 81 to declare respondent an incapacitated person and to be appointed as guardian of his person and property. Respondent moved to dismiss the petition…