2006 New York Code - Petition.



 
  § 81.08 Petition.
    (a)  The  petition  shall be verified under oath and shall include the
  following information:
    1. the name, age, address, and telephone number of the person  alleged
  to be incapacitated;
    2.  the  name,  address, and telephone number of the person or persons
  with whom the person alleged to be incapacitated resides,  if  any,  and
  the  name,  address  and  telephone  number  of  any  persons  that  the
  petitioner intends to serve with the order to show cause and the  nature
  of their relationship to the alleged incapacitated person;
    3.  a  description  of  the  alleged incapacitated person's functional
  level including that person's ability to manage the activities of  daily
  living,  behavior,  and understanding and appreciation of the nature and
  consequences of any inability to manage the activities of daily living;
    4. if powers are sought with respect to  the  personal  needs  of  the
  alleged  incapacitated  person,  specific  factual allegations as to the
  personal actions  or  other  actual  occurrences  involving  the  person
  alleged  to  be  incapacitated which are claimed to demonstrate that the
  person is likely to suffer harm because  he  or  she  cannot  adequately
  understand  and  appreciate  the  nature  and consequences of his or her
  inability to provide for personal needs;
    5. if powers are sought with respect to property  management  for  the
  alleged  incapacitated  person,  specific  factual allegations as to the
  financial transactions or other actual occurrences involving the  person
  alleged  to  be  incapacitated which are claimed to demonstrate that the
  person is likely to suffer harm because  he  or  she  cannot  adequately
  understand  and  appreciate  the  nature  and consequences of his or her
  inability to provide for property management; if powers  are  sought  to
  transfer a part of the alleged incapacitated person's property or assets
  to  or  for  the  benefit of another person, including the petitioner or
  guardian,  the  petition  shall  include  the  information  required  by
  subdivision (b) of section 81.21 of this article;
    6.  the  particular  powers being sought and their relationship to the
  functional level and needs of the person alleged to be incapacitated;
    7. the duration of the powers being sought;
    8. the approximate value and description of the financial resources of
  the person alleged to be incapacitated and whether, to the best  of  the
  petitioner's knowledge, the person is a recipient of public assistance;
    9.  the  nature  and  amount of any claim, debt, or obligations of the
  person alleged to be incapacitated, to  the  best  of  the  petitioner's
  knowledge;
    10.  the  names,  addresses,  and  telephone  numbers  of  presumptive
  distributees 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 unless they are unknown  and  cannot  be
  reasonably ascertained;
    11. the name, address, and telephone number of the petitioner;
    12.  the name, address, and telephone number of the person or persons,
  if any, proposed as guardian and standby guardian, the  relationship  of
  the  proposed  guardian  or standby guardian to the person alleged to be
  incapacitated, and the reasons why  the  proposed  guardian  or  standby
  guardian  is  suitable  to  exercise  the powers necessary to assist the
  person alleged to be incapacitated;
    13. any relief sought pursuant to section 81.23 of this article;
    14. the available resources, if any, that have been considered by  the
  petitioner  and  the  petitioner's  opinion  as to their sufficiency and
  reliability;
    15. any other information  which  in  the  petitioner's  opinion  will
  assist the court evaluator in completing the investigation and report in
  accordance with section 81.09 of this article.

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