N.Y. Mental Hygiene Law § 81.06: Who may commence a proceeding

§ 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.