State Codes and Statutes

Statutes > New-york > Mhy > Title-e > Article-81 > 81-04

§ 81.04 Jurisdiction.    (a)  If  after a hearing or trial in accordance with the provisions of  this article  it  is  determined  that  relief  under  this  article  is  necessary,  the supreme court, and the county courts outside the city of  New York, shall have the power to provide the relief set forth  in  this  article:    1. for a resident of the state;    2. for a nonresident of the state present in the state;    3.  for  a  nonresident of the state pursuant to section 81.18 of this  article.    (b) Notwithstanding the provisions of subdivision (a) of this section,  when it appears in any proceeding in the surrogate's court that a person  interested  in  an  estate  is  entitled  to  money  or  property  as  a  beneficiary  of the estate, or entitled to the proceeds of any action as  provided in section 5-4.1 of the estates, powers and trusts law,  or  to  the  proceeds  of a settlement of a cause of action brought on behalf of  an infant for personal injuries, and that the  interested  person  is  a  resident  of,  is physically present, or has any property in, the county  in which the proceeding is pending and is allegedly  incapacitated  with  respect to property management under the provisions of this article, and  the  surrogate's  court  is  satisfied  after  a  hearing  or  trial  in  accordance with the provisions  of  this  article  that  the  interested  person  is  incapacitated  with  respect  to  property  management,  the  surrogate's court shall have the power to order relief for  that  person  with respect to property management in accordance with the provisions of  this article.

State Codes and Statutes

Statutes > New-york > Mhy > Title-e > Article-81 > 81-04

§ 81.04 Jurisdiction.    (a)  If  after a hearing or trial in accordance with the provisions of  this article  it  is  determined  that  relief  under  this  article  is  necessary,  the supreme court, and the county courts outside the city of  New York, shall have the power to provide the relief set forth  in  this  article:    1. for a resident of the state;    2. for a nonresident of the state present in the state;    3.  for  a  nonresident of the state pursuant to section 81.18 of this  article.    (b) Notwithstanding the provisions of subdivision (a) of this section,  when it appears in any proceeding in the surrogate's court that a person  interested  in  an  estate  is  entitled  to  money  or  property  as  a  beneficiary  of the estate, or entitled to the proceeds of any action as  provided in section 5-4.1 of the estates, powers and trusts law,  or  to  the  proceeds  of a settlement of a cause of action brought on behalf of  an infant for personal injuries, and that the  interested  person  is  a  resident  of,  is physically present, or has any property in, the county  in which the proceeding is pending and is allegedly  incapacitated  with  respect to property management under the provisions of this article, and  the  surrogate's  court  is  satisfied  after  a  hearing  or  trial  in  accordance with the provisions  of  this  article  that  the  interested  person  is  incapacitated  with  respect  to  property  management,  the  surrogate's court shall have the power to order relief for  that  person  with respect to property management in accordance with the provisions of  this article.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Mhy > Title-e > Article-81 > 81-04

§ 81.04 Jurisdiction.    (a)  If  after a hearing or trial in accordance with the provisions of  this article  it  is  determined  that  relief  under  this  article  is  necessary,  the supreme court, and the county courts outside the city of  New York, shall have the power to provide the relief set forth  in  this  article:    1. for a resident of the state;    2. for a nonresident of the state present in the state;    3.  for  a  nonresident of the state pursuant to section 81.18 of this  article.    (b) Notwithstanding the provisions of subdivision (a) of this section,  when it appears in any proceeding in the surrogate's court that a person  interested  in  an  estate  is  entitled  to  money  or  property  as  a  beneficiary  of the estate, or entitled to the proceeds of any action as  provided in section 5-4.1 of the estates, powers and trusts law,  or  to  the  proceeds  of a settlement of a cause of action brought on behalf of  an infant for personal injuries, and that the  interested  person  is  a  resident  of,  is physically present, or has any property in, the county  in which the proceeding is pending and is allegedly  incapacitated  with  respect to property management under the provisions of this article, and  the  surrogate's  court  is  satisfied  after  a  hearing  or  trial  in  accordance with the provisions  of  this  article  that  the  interested  person  is  incapacitated  with  respect  to  property  management,  the  surrogate's court shall have the power to order relief for  that  person  with respect to property management in accordance with the provisions of  this article.