Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 79.07
Petition; contents
Mental Hygiene (MHY) CHAPTER 27, TITLE E, ARTICLE 79
§ 79.07 Petition; contents.

A petition for the appointment of a guardian for an incompetent or
conservatee ward may be filed in the supreme court or in the county
court pursuant to jurisdiction given in the laws of the state, by or on
behalf of any person who, under the laws of the state, is entitled to
file such a petition. A petition for the appointment of a guardian for
an infant ward may be filed in the surrogate's court pursuant to
jurisdiction given in the surrogate's court procedure act, by or on
behalf of any person who, under the provision of the surrogate's court
procedure act, is entitled to file such petition.

The petition for appointment of a guardian, whether the ward be a
mental incompetent or an infant, shall set forth the name, age, place of
residence of the ward, the names and places of residence of the nearest
relative, if known, and the fact that such ward is entitled to receive
moneys payable by or through the administration and shall set forth the
amount of moneys then due and the amount of probable future payments.

The petition shall also set forth the name and address of the person
or institution, if any, having actual custody of the ward.

In the case of a mentally incompetent ward the petition shall show
that such ward has been rated incompetent on examination by the
administration in accordance with the laws and regulations governing the
administration.