§ 81.05 Venue.

(a) A proceeding under this article shall be brought in the supreme
court within the judicial district, or in the county court of the county
in which the person alleged to be incapacitated resides, or is
physically present, or in the surrogate's court having jurisdiction
pursuant to subdivision (b) of section 81.04 of this article. If the
person alleged to be incapacitated is being cared for as a resident in a
facility, the residence of that person shall be deemed to be in the
county where the facility is located and the proceeding shall be brought
in that county, subject to application by an interested party for a
change in venue to another county because of the inconvenience of the
parties or witnesses or the condition of the person alleged to be
incapacitated. If the person alleged to be incapacitated is not present
in the state, or the residence of such person cannot be ascertained, the
residence shall be deemed to be in the county in which all or some of
such person's property is situated.

(b) After the appointment of a guardian, temporary guardian, special
guardian, standby guardian, or alternate standby guardians, any
proceeding to modify a prior order shall be brought in the supreme
court, county court, or surrogate's court which granted the prior order.
If, at the time of the application to modify a prior order, the
incapacitated person is being cared for as a resident in a facility, the
proceeding shall be brought in the county where the facility is located,
subject to application by an interested party for a change in venue to
the court which granted the prior order because of the inconvenience of
the parties or witnesses or the condition of the incapacitated person.