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81.06 - Who May Commence a Proceeding.

NY Ment Hygiene L § 81.06 (2019) (N/A)
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(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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