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This entry was published on 2014-09-22
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SECTION 81.04
Jurisdiction
Mental Hygiene (MHY) CHAPTER 27, TITLE E, ARTICLE 81
§ 81.04 Jurisdiction.

(a) If after a hearing or trial in accordance with the provisions of
this article it is determined that relief under this article is
necessary, the supreme court, and the county courts outside the city of
New York, shall have the power to provide the relief set forth in this
article:

1. for a resident of the state;

2. for a nonresident of the state present in the state;

3. for a nonresident of the state pursuant to section 81.18 of this
article.

(b) Notwithstanding the provisions of subdivision (a) of this section,
when it appears in any proceeding in the surrogate's court that a person
interested in an estate is entitled to money or property as a
beneficiary of the estate, or entitled to the proceeds of any action as
provided in section 5-4.1 of the estates, powers and trusts law, or to
the proceeds of a settlement of a cause of action brought on behalf of
an infant for personal injuries, and that the interested person is a
resident of, is physically present, or has any property in, the county
in which the proceeding is pending and is allegedly incapacitated with
respect to property management under the provisions of this article, and
the surrogate's court is satisfied after a hearing or trial in
accordance with the provisions of this article that the interested
person is incapacitated with respect to property management, the
surrogate's court shall have the power to order relief for that person
with respect to property management in accordance with the provisions of
this article.