State Codes and Statutes

Statutes > New-york > Mhy > Title-e > Article-81 > 81-06

§ 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.

State Codes and Statutes

Statutes > New-york > Mhy > Title-e > Article-81 > 81-06

§ 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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Mhy > Title-e > Article-81 > 81-06

§ 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.