2023 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.