New York Laws
Article 81 - Proceedings for Appointment of a Guardian for Personal Needs or Property Management
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.

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