N.Y. Laws » CHAPTER Mental Hygiene / TITLE General Provisions / ARTICLE Proceedings For Appointment of a Guardian For Personal Needs or Property Management
New York Consolidated Laws

N.Y. Mental Hygiene Law § 81.06 (2026)

Who may commence a proceeding

✓ current as of May 2026
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§ 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.
Notes of Decisions
Cited in 24 cases (7 in the last 5 years), 1993–2026 · leading case: Matter of Harold W.S. (Mark P.--Lauralyn W.), 134 A.D.3d 724 (N.Y. App. Div. 2015).
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Matter of Harold W.S. (Mark P.--Lauralyn W.), 134 A.D.3d 724 (N.Y. App. Div. 2015). · cites it 2× “A nursing home which is concerned with the welfare of a resident falls within the scope of the statutory definition of those parties who are permitted to commence a proceeding pursuant to Mental Hygiene Law article 81 (see Mental Hygiene Law § 81.06 [a] [6]). Here, the petition…”
In re Wogelt, 223 A.D.2d 309 (N.Y. App. Div. 1996). “tisfy either personal or property management needs of an incapacitated person in a manner tailored to the individual needs of that person, which takes in account the personal wishes, preferences and desires of the person, and which affords the person the greatest amount of…”
In re Rochester Gen. Hosp., 158 Misc. 2d 522 (N.Y. Sup. Ct. 1993). “(Mental Hygiene Law § 81.06 [a] [6].) Thus, under the circumstances, the court concludes that this proceeding was begun by someone authorized to commence such proceeding.”
In re Verna Eggleston, 17 A.D.3d 584 (N.Y. App. Div. 2005). “Acting pursuant to her authority under Mental Hygiene Law § 81.06 (a) (6), the petitioner, the Commissioner of Social Services of the City of New York (hereinafter the Commissioner), moved for the appointment of a guardian for the person and property of Stephen B.”
In re William J.J., 32 A.D.3d 517 (N.Y. App. Div. 2006). “Moreover, the appointing court may not act sua sponte, but only on application of a guardian, the incapacitated person, or any other person entitled to commence a proceeding under Mental Hygiene Law article 81 (see Mental Hygiene Law §§ 81.”
In re Luby, 180 Misc. 2d 621 (N.Y. Sup. Ct. 1999). “Rather than subject itself to a possible conflict of interest and the appearance of impropriety, the nursing home should have commenced a Mental Hygiene Law article 81 proceeding for the appointment of a special guardian for Mr.”
Matter of de Menil (de Menil), 2021 NY Slip Op 03406 (N.Y. App. Div. 2021). “concerned with the welfare of the person alleged to be incapacitated" (Mental Hygiene Law § 81.06[a][6]), who are, moreover, Adelaide de Menil's adult sister, niece, and grand-nephew, they are proper parties to the proceeding ( Matter of Azzi [Trapani] , 141 AD3d 1159 , 1161…”
Matter of Loew, 2022 NY Slip Op 06436 (N.Y. App. Div. 2022). “concerned with the welfare of the person alleged to be incapacitated" (Mental Hygiene Law § 81.06 [a] [6]; see Matter of de Menil (de Menil) , 195 AD3d 410 , 410 [1st Dept 2021]).”
Matter of Edgar V.L., 2023 NY Slip Op 01360 (N.Y. App. Div. 2023). “concerned with the welfare of the person alleged to be incapacitated" (Mental Hygiene Law § 81.06 [a] [6]; see Matter of de Menil (de Menil) , 195 AD3d 410 , 410 [1st Dept 2021]).”
In re Verna Eggleston, 17 A.D.3d 596 (N.Y. App. Div. 2005). “Acting pursuant to her authority under Mental Hygiene Law § 81.06 (a) (6), the petitioner, the Commissioner of Social Services of the City of New York (hereinafter the Commissioner), moved for the appointment of a guardian for the person and property of Serafín M.”
Matter of de Menil (de Menil), 2021 NY Slip Op 03406 (N.Y. App. Div. 2021). “concerned with the welfare of the person alleged to be incapacitated" (Mental Hygiene Law § 81.06[a][6]), who are, moreover, Adelaide de Menil's adult sister, niece, and grand-nephew, they are proper parties to the proceeding ( Matter of Azzi [Trapani] , 141 AD3d 1159 , 1161…”
Matter of Loew, 2022 NY Slip Op 06436 (N.Y. App. Div. 2022). “concerned with the welfare of the person alleged to be incapacitated" (Mental Hygiene Law § 81.06 [a] [6]; see Matter of de Menil (de Menil) , 195 AD3d 410 , 410 [1st Dept 2021]).”
Show all 24 citing cases →
N.Y. Mental Hygiene Law § 81.06(a)(6): 1 case
Matter of Mozelle W., 2018 NY Slip Op 8316 (N.Y. App. Div. 2018).
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