§ 81.05 — Venue

New York § 81.05

• Jurisdiction: New York
• Law MHY: Mental Hygiene
• Title E: General Provisions
• Art. 81: Proceedings For Appointment of a Guardian For Personal Needs or Property Management

Text

§ 81.05 Venue.\n (a) A proceeding under this article shall be brought in the supreme\ncourt within the judicial district, or in the county court of the county\nin which the person alleged to be incapacitated resides, or is\nphysically present, or in the surrogate's court having jurisdiction\npursuant to subdivision (b) of section 81.04 of this article. If the\nperson alleged to be incapacitated is being cared for as a resident in a\nfacility, the residence of that person shall be deemed to be in the\ncounty where the facility is located and the proceeding shall be brought\nin that county, subject to application by an interested party for a\nchange in venue to another county because of the inconvenience of the\nparties or witnesses or the condition of the person alleged to be\nincapacitated. If the person alleged to be incapacitated is not present\nin the state, or the residence of such person cannot be ascertained, the\nresidence shall be deemed to be in the county in which all or some of\nsuch person's property is situated.\n (b) After the appointment of a guardian, temporary guardian, special\nguardian, standby guardian, or alternate standby guardians, any\nproceeding to modify a prior order shall be brought in the supreme\ncourt, county court, or surrogate's court which granted the prior order.\nIf, at the time of the application to modify a prior order, the\nincapacitated person is being cared for as a resident in a facility, the\nproceeding shall be brought in the county where the facility is located,\nsubject to application by an interested party for a change in venue to\nthe court which granted the prior order because of the inconvenience of\nthe parties or witnesses or the condition of the incapacitated person.\n