Matter of Marie E. Loccisano

In Matter of Marie E. Loccisano, NYLJ, Aug. 28, 1996 at 27, col 6 the Court addressed the issue of the requisite capacity of the AIP to consent to appointment. There the court found that the alleged incapacitated person, Marie Loccisano, while being physically disabled, was not an incapacitated person within the purview of the Mental Hygiene Law and was therefore capable of nominating her own guardian.