N.Y. Mental Hygiene Law § 81.08: Petition

§ 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.