2006 New York Code - Hearing.

 
  § 81.11 Hearing.
    (a)  A  determination  that the appointment of a guardian is necessary
  for a person alleged to be incapacitated shall  be  made  only  after  a
  hearing.
    (b)  In a proceeding brought pursuant to this article any party to the
  proceeding shall have the right to:
    1. present evidence;
    2. call witnesses, including expert witnesses;
    3. cross examine witnesses, including witnesses called by the court;
    4. be represented by counsel of his or her choice.
    (c) The hearing must be  conducted  in  the  presence  of  the  person
  alleged  to  be  incapacitated,  either  at  the courthouse or where the
  person alleged to be incapacitated resides, so as to permit the court to
  obtain its own impression  of  the  person's  capacity.  If  the  person
  alleged  to be incapacitated physically cannot come or be brought to the
  courthouse, the hearing must be conducted where the person alleged to be
  incapacitated resides unless:
    1. the person is not present in the state; or
    2. all the information before the court clearly establishes  that  (i)
  the   person  alleged  to  be  incapacitated  is  completely  unable  to
  participate in the hearing or  (ii)  no  meaningful  participation  will
  result from the person's presence at the hearing.
    (d)  If  the  hearing  is conducted without the presence of the person
  alleged to be incapacitated and the court appoints a guardian, the order
  of appointment shall set forth the  factual  basis  for  conducting  the
  hearing  without  the presence of the person for whom the appointment is
  made.
    (e) If the hearing is conducted in the presence of the person  alleged
  to  be  incapacitated  and the person is not represented by counsel, the
  court shall explain to that person,  on  the  record,  the  purpose  and
  possible  consequences of the proceeding, the right to be represented by
  counsel and the  fact  that  the  court  will  appoint  an  attorney  to
  represent the person alleged to be incapacitated if the person wishes to
  be represented by counsel, and shall inquire of the person whether he or
  she  wishes  to  have  an  attorney appointed. If the person refuses the
  assistance of counsel, the court may nevertheless appoint counsel if the
  court is not satisfied that the person is capable of making an  informed
  decision regarding the appointment of counsel.
    (f)  If  on  or before the return date designated in the order to show
  cause the alleged  incapacitated  person  or  counsel  for  the  alleged
  incapacitated  person  raises  issues  of fact regarding the need for an
  appointment under this article and demands a jury trial of such  issues,
  the  court  shall  order a trial by jury thereof. Failure to make such a
  demand shall be deemed a waiver of the right to trial by jury.