N.Y. Mental Hygiene Law § 79.11: Prima facie evidence of infancy or incompetency

§ 79.11 Prima facie evidence of infancy or incompetency.

(a) Where a petition is filed for the appointment of a guardian of an

infant ward, a certificate of the director, or his representative,

setting forth the age of such infant as shown by the records of the

administration and the fact that the appointment of a guardian is a

condition precedent to the payment of any moneys due the infant by the

administration shall be prima facie evidence of the necessity for the

appointment of a guardian to receive benefits from the administration

and income from such benefits.

(b) Where a petition is filed for the appointment of a guardian of a

mentally incompetent ward, a certificate of the director, or his

representative, setting forth the fact that such person has been rated

incompetent by the administration on examination in accordance with the

laws and regulations governing such administration and that the

appointment of a guardian is a condition precedent to the payment of any

moneys due such person by the administration shall be prima facie

evidence of the necessity for the appointment of a guardian to receive

benefits from the administration and income from such benefits.