79.11 - Prima facie evidence of infancy or incompetency. - New York Statutes

§ 79.11 Prima facie evidence of infancy or incompetency. (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.