N.Y. Mental Hygiene Law 79.11 – Prima facie evidence of infancy or incompetency
§ 79.11 Prima facie evidence of infancy or incompetency.
Terms Used In N.Y. Mental Hygiene Law 79.11
- administration: means the United States veterans' administration or its successor. See N.Y. Mental Hygiene Law 79.01
- benefits: shall mean all moneys payable by the United States through the administration. See N.Y. Mental Hygiene Law 79.01
- director: means the director of the United States veterans' administration or his successor. See N.Y. Mental Hygiene Law 79.01
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- income: shall include only moneys received by the guardian from the administration and all earnings, interest, and profits derived therefrom. See N.Y. Mental Hygiene Law 79.01
- person: includes a partnership, corporation, or an association. See N.Y. Mental Hygiene Law 79.01
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
- ward: means a beneficiary of the administration. See N.Y. Mental Hygiene Law 79.01
(a) Where a petition is filed for the appointment of a guardian of an infant ward, a certificate of the director, or his representative, setting forth the age of such infant as shown by the records of the administration and the fact that the appointment of a guardian is a condition precedent to the payment of any moneys due the infant by the administration shall be prima facie evidence of the necessity for the appointment of a guardian to receive benefits from the administration and income from such benefits.
(b) Where a petition is filed for the appointment of a guardian of a mentally incompetent ward, a certificate of the director, or his representative, setting forth the fact that such person has been rated incompetent by the administration on examination in accordance with the laws and regulations governing such administration and that the appointment of a guardian is a condition precedent to the payment of any moneys due such person by the administration shall be prima facie evidence of the necessity for the appointment of a guardian to receive benefits from the administration and income from such benefits.