{"data":{"id":"us-ny/n.y.-mental-hygiene-law-81.06","jurisdiction":"us-ny","citation":"N.Y. Mental Hygiene Law § 81.06","heading":"Who may commence a proceeding","body":"§ 81.06 Who may commence a proceeding.\n  (a) A proceeding under this article shall be commenced by the filing\nof the petition with the court by:\n  1. the person alleged to be incapacitated;\n  2. a presumptive distributee of the person alleged to be\nincapacitated, as that term is defined in subdivision forty-two of\nsection one hundred three of the surrogate's court procedure act;\n  3. an executor or administrator of an estate when the alleged\nincapacitated person is or may be the beneficiary of that estate;\n  4. a trustee of a trust when the alleged incapacitated person is or\nmay be the grantor or a beneficiary of that trust;\n  5. the person with whom the person alleged to be incapacitated\nresides;\n  6. a person otherwise concerned with the welfare of the person alleged\nto be incapacitated. For purposes of this section a person otherwise\nconcerned with the welfare of the person alleged to be incapacitated may\ninclude a corporation, or a public agency, including the department of\nsocial services in the county where the person alleged to be\nincapacitated resides regardless of whether the person alleged to be\nincapacitated is a recipient of public assistance;\n  7. the chief executive officer, or the designee of the chief executive\nofficer, of a facility in which the person alleged to be incapacitated\nis a patient or resident.","path":["Mental Hygiene Law","Title E. General Provisions","Article 81. Proceedings For Appointment of a Guardian For Personal Needs or Property Management"],"source_url":"https://legislation.nysenate.gov/api/3/laws/MHY/81.06","current_through":"2026-09-11","vintage":"","retrieved_at":"2026-09-14T19:32:45Z","sha256":"057ede456391b8e7a016d0a4284edac2a56bacde4f169d7cdc9c3a1ece1a36e1","source_id":"us-ny","stale":false,"prev":"us-ny/n.y.-mental-hygiene-law-81.05","next":"us-ny/n.y.-mental-hygiene-law-81.07"},"notice":"GroundRules: Original legal text. Not legal advice."}