2006 New York Code - Who May Commence A Proceeding.



 
  § 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.

Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.