Statute · New York Mental Hygiene Law
N.Y. Mental Hyg. Law § 81.06 — Who may commence a proceeding
N.Y. Mental Hyg. Law § 81.06
- Type
- Statute
- Source
- New York Mental Hygiene Law
- Jurisdiction
- New York
- Current through
- Nov 5, 2026 (NY Senate Open Legislation)
§ 81.06 Who may commence a proceeding.
Citator
N.Y. Mental Hyg. Law § 81.06 — Who may commence a proceeding is in force in the current edition of the Code, and nothing recorded condemns it.
§ 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.