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. 2, 2023).

Accessed:
Dec. 2, 2023

Last modified:
Sep. 22, 2014

§ 81.06’s source at nysenate​.gov

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