N.Y.
Mental Hygiene Law Section 81.06
Who may commence a proceeding
(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.
Source:
Section 81.06 — Who may commence a proceeding, https://www.nysenate.gov/legislation/laws/MHY/81.06 (updated Sep. 22, 2014; accessed Dec. 13, 2025).
