{"jurisdiction": "us-ny", "code": "mhl", "section": "81.06", "citation": "MHL § 81.06", "heading": "Who may commence a proceeding", "text": ["§ 81.06 Who may commence a proceeding.", "(a) A proceeding under this article shall be commenced by the filing of the petition with the court by:", "1. the person alleged to be incapacitated;", "2. a presumptive distributee 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;", "3. an executor or administrator of an estate when the alleged incapacitated person is or may be the beneficiary of that estate;", "4. a trustee of a trust when the alleged incapacitated person is or may be the grantor or a beneficiary of that trust;", "5. the person with whom the person alleged to be incapacitated resides;", "6. a person otherwise concerned with the welfare of the person alleged to be incapacitated. For purposes of this section a person otherwise concerned with the welfare of the person alleged to be incapacitated may include a corporation, or a public agency, including the department of social services in the county where the person alleged to be incapacitated resides regardless of whether the person alleged to be incapacitated is a recipient of public assistance;", "7. the chief executive officer, or the designee of the chief executive officer, of a facility in which the person alleged to be incapacitated is a patient or resident."], "official_source": "https://www.nysenate.gov/legislation/laws/MHY/81.06", "from_official_api": true, "plain_english": "A proceeding starts by **filing a petition**. Who can file:\n1. the **AIP** themselves;\n2. a **presumptive distributee** (heir, per SCPA § 103(42));\n3. an **executor/administrator** of an estate the AIP may benefit from;\n4. a **trustee** of a trust the AIP is grantor/beneficiary of;\n5. the **person the AIP lives with**;\n6. **a person otherwise concerned with the AIP's welfare** (can include a corporation or public agency, incl. **DSS**, regardless of public-assistance status);\n7. the **chief executive officer of a facility** where the AIP is a patient/resident.\n★ The AIP can petition for their own guardian; a creditor is notably absent from this list.", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/mhl/81.06", "publisher": "Elyphived LLC"}