NY Ment Hygiene L § 81.08 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 81 - Proceedings for Appointment of a Guardian for Personal Needs or Property Management 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.