81.05 - Venue.

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