1. The Laws of New York
  2. Consolidated Laws
  3. Mental Hygiene
  4. Title E: General Provisions
  5. Article 81: Proceedings for Appointment of a Guardian for Personal Needs or Property Management


Section 81.06 Who may commence a proceeding

Mental Hygiene (MHY)

  (a) A proceeding under this article shall be commenced by the filing of the petition with the court by:

  1. the person alleged to be incapacitated;

  2. a presumptive distributee of the person alleged to be incapacitated, as that term is defined in subdivision forty-two of section one hundred three of the surrogate's court procedure act;

  3. an executor or administrator of an estate when the alleged incapacitated person is or may be the beneficiary of that estate;

  4. a trustee of a trust when the alleged incapacitated person is or may be the grantor or a beneficiary of that trust;

  5. the person with whom the person alleged to be incapacitated resides;

  6. a person otherwise concerned with the welfare of the person alleged to be incapacitated. For purposes of this section a person otherwise concerned with the welfare of the person alleged to be incapacitated may include a corporation, or a public agency, including the department of social services in the county where the person alleged to be incapacitated resides regardless of whether the person alleged to be incapacitated is a recipient of public assistance;

  7. the chief executive officer, or the designee of the chief executive officer, of a facility in which the person alleged to be incapacitated is a patient or resident.