§ 81.06 Who may commence a proceeding.\n (a) A proceeding under this article shall be commenced by the filing\nof the petition with the court by:\n 1. the person alleged to be incapacitated;\n 2. a presumptive distributee of the person alleged to be\nincapacitated, as that term is defined in subdivision forty-two of\nsection one hundred three of the surrogate's court procedure act;\n 3. an executor or administrator of an estate when the alleged\nincapacitated person is or may be the beneficiary of that estate;\n 4. a trustee of a trust when the alleged incapacitated person is or\nmay be the grantor or a beneficiary of that trust;\n 5. the person with whom the person alleged to be incapacitated\nresides;\n 6. a person otherwise concerned with the welfare of the person alleged\nto be incapacitated. For purposes of this section a person otherwise\nconcerned with the welfare of the person alleged to be incapacitated may\ninclude a corporation, or a public agency, including the department of\nsocial services in the county where the person alleged to be\nincapacitated resides regardless of whether the person alleged to be\nincapacitated is a recipient of public assistance;\n 7. the chief executive officer, or the designee of the chief executive\nofficer, of a facility in which the person alleged to be incapacitated\nis a patient or resident.\n
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