N.Y. MHY Law § 81.08 — New York Code / Act MHY / Title E / Article 81 / Section 81.08
Petition
Status: in_force

§ 81.08 Petition.\n  (a) The petition shall be verified under oath and shall include the\nfollowing information:\n  1. the name, age, address, and telephone number of the person alleged\nto be incapacitated;\n  2. the name, address, and telephone number of the person or persons\nwith whom the person alleged to be incapacitated resides, if any, and\nthe name, address and telephone number of any persons that the\npetitioner intends to serve with the order to show cause and the nature\nof their relationship to the alleged incapacitated person;\n  3. a description of the alleged incapacitated person's functional\nlevel including that person's ability to manage the activities of daily\nliving, behavior, and understanding and appreciation of the nature and\nconsequences of any inability to manage the activities of daily living;\n  4. if powers are sought with respect to the personal needs of the\nalleged incapacitated person, specific factual allegations as to the\npersonal actions or other actual occurrences involving the person\nalleged to be incapacitated which are claimed to demonstrate that the\nperson is likely to suffer harm because he or she cannot adequately\nunderstand and appreciate the nature and consequences of his or her\ninability to provide for personal needs;\n  5. if powers are sought with respect to property management for the\nalleged incapacitated person, specific factual allegations as to the\nfinancial transactions or other actual occurrences involving the person\nalleged to be incapacitated which are claimed to demonstrate that the\nperson is likely to suffer harm because he or she cannot adequately\nunderstand and appreciate the nature and consequences of his or her\ninability to provide for property management; if powers are sought to\ntransfer a part of the alleged incapacitated person's property or assets\nto or for the benefit of another person, including the petitioner or\nguardian, the petition shall include the information required by\nsubdivision (b) of section 81.21 of this article;\n  6. the particular powers being sought and their relationship to the\nfunctional level and needs of the person alleged to be incapacitated;\n  7. the duration of the powers being sought;\n  8. the approximate value and description of the financial resources of\nthe person alleged to be incapacitated and whether, to the best of the\npetitioner's knowledge, the person is a recipient of public assistance;\n  9. the nature and amount of any claim, debt, or obligations of the\nperson alleged to be incapacitated, to the best of the petitioner's\nknowledge;\n  10. the names, addresses, and telephone numbers of presumptive\ndistributees of the person alleged to be incapacitated as that term is\ndefined in subdivision forty-two of section one hundred three of the\nsurrogate's court procedure act unless they are unknown and cannot be\nreasonably ascertained;\n  11. the name, address, and telephone number of the petitioner;\n  12. the name, address, and telephone number of the person or persons,\nif any, proposed as guardian and standby guardian, the relationship of\nthe proposed guardian or standby guardian to the person alleged to be\nincapacitated, and the reasons why the proposed guardian or standby\nguardian is suitable to exercise the powers necessary to assist the\nperson alleged to be incapacitated;\n  13. any relief sought pursuant to section 81.23 of this article;\n  14. the available resources, if any, that have been considered by the\npetitioner and the petitioner's opinion as to their sufficiency and\nreliability;\n  15. any other information which in the petitioner's opinion will\nassist the court evaluator in completing the investigation and report in\naccordance with section 81.09 of this article.\n