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