NY State Senate Bill 2015-S4642A

Senate Bill S4642A

2015-2016 Legislative Session

Requires the petitioner for appointment of a guardian for an incapacitated person to identify all other persons who may be able to manage the affairs of such incapacitated person

download bill text pdf

Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to mental health and developmental disabilities
Jun 25, 2015	committed to rules
May 19, 2015	amended on third reading 4642a
May 05, 2015	advanced to third reading
May 04, 2015	2nd report cal.
Apr 29, 2015	1st report cal.496
Apr 01, 2015	referred to mental health and developmental disabilities

Votes

- Apr 29, 2015 - Committee Vote
  S4642A
  
  11
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Committee Vote: Apr 29, 2015
      
      aye (11)
      
      Carlucci
      
      Felder
      
      Hamilton
      
      Hannon
      
      Krueger
      
      Murphy
      
      Ortt
      
      Rivera
      
      Serino
      
      Serrano
      
      Seward

Bill Amendments

Original

A (Active)

co-Sponsors

2015-S4642 - Details

See Assembly Version of this Bill:: A6510
Current Committee:: Senate Mental Health And Developmental Disabilities
Law Section:: Mental Hygiene Law
Laws Affected:: Amd Ment Hyg L, generally
Versions Introduced in Other Legislative Sessions:: 2017-2018: S4083, A1350
2019-2020: S4722, A5609
2021-2022: S3523, A2536
2023-2024: S8133, A3772

2015-S4642 - Summary

Requires the petitioner for appointment as the guardian for an incapacitated person to identify all other persons who may be able to manage the affairs of such incapacitated person; prohibits appointment solely for the purposes of bill collection or resolving a bill collection dispute.

2015-S4642 - Sponsor Memo

                                BILL NUMBER:S4642

TITLE OF BILL:

An act to amend the mental hygiene law, in relation to requiring
petitioners for appointment of a guardian to identify other persons
who may be able to manage the affairs of an incapacitated person

PURPOSE:

This legislation would prevent the use of the guardianship law for the
primary purpose of bill collection and would correct erroneous cross
references to the power of attorney law.

SUMMARY OF PROVISIONS OF BILL:

Section 1 of the bill amends subdivision (e) of Section 81.03 of the
Mental Hygiene Law to expand the list of available resources, people
who would be served notice of a guardianship petition including family
members, people granted legal authority to manage the personal,
medical and/or financial affairs of the alleged incapacitated person
and persons or entities that have demonstrated a genuine interest in
promoting the best interests of the alleged incapacitated person
(AIP).

Section 2 of the bill amends paragraph 7 of subdivision (a) of Section

81.06 of the Mental Hygiene Law to prevent nursing homes from filing
guardianship petitions where the petition is brought primarily for
purposes of bill collection or resolving a bill collection dispute.

Section 4 of the bill amends paragraph 14, of subdivision (a) of
section 81.08 of the Mental Hygiene Law to require the petitioner to
provide information about the steps take to identify available
resources, along with an explanation for why such resources are not
sufficient or reliable to meet the AIP's needs without the appointment
of a guardian.

Section 5 of the bill amends subdivision (a) of section 81.08 of the
Mental Hygiene Law by renumbering paragraph 15 and adding new
paragraphs 15, 16 and 17 that enhance the pleading requirements of a
guardianship petition relating to available resources considered. The
new paragraphs require the petitioner to provide information to the
court about the available guardianship resources considered by the
petitioner, information about any documents known to the petitioner
that grant such resources legal authority to manage the affairs of the
AIP, where relevant, specific reasons for seeking revocation of any
appointments or delegations made by the AIP, and a verification that
the petition is not brought for the purpose of bill collection or to
resolve a bill collection dispute.

Section 8 of the bill amends subdivision (e) of section 81.19 of the
Mental Hygiene Law to preclude persons or corporations whose only
interest in the AIP is that of a creditor or those who provide day
care or residential services to the AIP from serving as guardians.


Sections 3, 6, 7, 9 and 10 of the bill amend sections 81.09, 81.19,
81.22 and 81.29 to fix erroneous cross-references to the power of
attorney law that was modified in 2008.

Section 11 of the bill provides for an effective date of 180 days
after enactment.

JUSTIFICATION:

A recent article published in the New York Times, "To Collect Debts,
Nursing Homes Are Seizing Control Over Patients", January 25, 2015
highlighted a disturbing practice where some nursing homes are filing
guardianship petitions against vulnerable disabled nursing home
residents, over the objection of family members, primarily as a means
of bill collection. The article details how a nursing home appears to
have filed a guardianship petition against a resident of the facility
suffering from dementia, primarily for the purpose of resolving a bill
collection dispute. The petition was filed over the objections of the
resident's husband who had power of attorney and a health care proxy.
Ultimately the nursing home withdrew the petition, but the husband had
to spend a significant amount of money to challenge the petition and
to assert his legal rights.

Guardianship transfers an incapacitated person's legal rights to make
financial and personal care decisions to someone appointed by the
court. Guardianship petitions are generally filed by family members to
help them meet the personal or property management needs of an
incapacitated relative. The guardianship statue was enacted in 1993 by
the legislature to protect disabled individuals who are unable to
manage their affairs on their own because of incapacity and to help
meet their needs in a manner that affords them the greatest amount of
independence and self-determination in all decisions affecting their
lives.

However, it appears that nursing homes have been increasingly using
these petitions to collect unpaid bills or to coerce settlement of
bill disputes with residents. According to a study done by researchers
at Hunter College, over twelve percent of guardianship petitions filed
in Manhattan over the last decade were brought by nursing homes
against their residents. While some of these cases may have had
legitimate purposes, there is significant concern that many of these
cases were likely used as a means to collect bills.

One judge has ruled this misuse of the guardianship statute - Article
81 of the mental hygiene law - as an abuse of the law. See In re G.S.
17 Misc. 3d 303, 841 N.Y.S.2d 428 (Sup.Ct.2007). Even if the petition
is ultimately unsuccessful, the mere filing causes the family to spend
significant sums of money for legal representation to defend against a
stranger being appointed a guardian of a loved one. As a result,
families may agree to settle bill disputes with a nursing home
facility in exchange for discontinuance or withdrawal of the
guardianship petition.

We have also heard concerns from disability advocates that nursing
homes may also refuse to recognize the legal rights of relatives under
health care proxies or powers of attorney.


This proposal would help ensure that nursing home facilities do not
file guardianship petitions primarily as a means of resolving bill
disputes. It will also dissuade such facilities from circumventing the
intent of the incapacitated person by making it harder for them to
deny, without legitimate basis, the legal rights of relatives, friends
or others with lawfully executed appointments or delegations made by
the alleged incapacitated person to meet his/her needs.

LEGISLATIVE HISTORY:

New bill, 2015.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the one hundred eightieth day after it
shall have become law.

2015-S4642 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4642

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              April 1, 2015
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities

AN ACT to amend the mental hygiene law, in relation to  requiring  peti-
  tioners  for  appointment  of a guardian to identify other persons who
  may be able to manage the affairs of an incapacitated person

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision (e) of section 81.03 of the mental hygiene law,
as  amended  by  chapter  438 of the laws of 2004, is amended to read as
follows:
  (e) "available resources" means resources such as, but not limited to,
ALL PERSONS IDENTIFIED IN SUBPARAGRAPHS (I) THROUGH  (IV)  OF  PARAGRAPH
ONE  OF SUBDIVISION (G) OF SECTION 81.07 OF THIS ARTICLE, visiting nurs-
es, homemakers, home health  aides,  adult  day  care  and  multipurpose
senior citizen centers, powers of attorney, health care proxies, trusts,
representative and protective payees, and residential care facilities.
  S  2.  Paragraph  7  of subdivision (a) of section 81.06 of the mental
hygiene law, as amended by chapter 438 of the laws of 2004,  is  amended
to read as follows:
  7. the chief executive officer, or the designee of the chief executive
officer,  of  a facility in which the person alleged to be incapacitated
is a patient or resident, EXCEPT  FOR  WHERE  THE  PETITION  IS  BROUGHT
PRIMARILY FOR PURPOSES OF BILL COLLECTION OR RESOLVING A BILL COLLECTION
DISPUTE.
  S  3.  Subparagraph (iii) of paragraph 1 of subdivision (g) of section
81.07 of the mental hygiene law, as amended by chapter 438 of  the  laws
of 2004, is amended to read as follows:
  (iii)  any  person  or persons designated by the alleged incapacitated
person with authority pursuant to [sections 5-1501, 5-1505, and  5-1506]
TITLE  FIFTEEN  OF  ARTICLE  FIVE  of  the  general  obligations law, or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09900-03-5

S. 4642                             2

sections two thousand nine hundred five and two  thousand  nine  hundred
eighty-one of the public health law, if known to the petitioner; and
  S  4.  Paragraph  14 of subdivision (a) of section 81.08 of the mental
hygiene law, as added by chapter 698 of the laws of 1992, is amended  to
read as follows:
  14.  the available resources, if any, that have been considered by the
petitioner, THE STEPS TAKEN TO IDENTIFY  AVAILABLE  RESOURCES,  and  the
petitioner's  opinion as to [their sufficiency and reliability] WHY SUCH
RESOURCES ARE NOT SUFFICIENT OR RELIABLE  ENOUGH  TO  MEET  THE  ALLEGED
INCAPACITATED PERSON'S NEEDS WITHOUT THE APPOINTMENT OF A GUARDIAN;
  S  5.  Paragraph  15 of subdivision (a) of section 81.08 of the mental
hygiene law is renumbered paragraph 18, and three new paragraphs 15,  16
and 17 are added to read as follows:
  15.  FOR  ALL  AVAILABLE  RESOURCES  CONSIDERED BY THE PETITIONER, THE
NAME, ADDRESS, TELEPHONE NUMBER ALONG WITH ANY  OTHER  CONTACT  INFORMA-
TION, RELATIONSHIP TO THE ALLEGED INCAPACITATED PERSON AND ANY DOCUMENTS
KNOWN TO THE PETITIONER THAT GRANT THE AVAILABLE RESOURCE LEGAL AUTHORI-
TY  TO  MANAGE  THE  PERSONAL,  MEDICAL  AND/OR FINANCIAL AFFAIRS OF THE
ALLEGED INCAPACITATED PERSON;
  16. IF THE PETITIONER SEEKS TO REVOKE ANY LAWFULLY  EXECUTED  APPOINT-
MENT  OR DELEGATION MADE BY THE ALLEGED INCAPACITATED PERSON PURSUANT TO
TITLE FIFTEEN OF ARTICLE FIVE OF THE GENERAL  OBLIGATIONS  LAW,  SECTION
TWENTY-NINE  HUNDRED SIXTY-FIVE OR TWENTY-NINE HUNDRED EIGHTY-ONE OF THE
PUBLIC HEALTH LAW, OR ANY LIVING WILL,  THE  PETITION  SHALL  SET  FORTH
SPECIFIC REASONS FOR THE REVOCATION;
  17. AN AFFIRMATIVE STATEMENT THAT THE PETITION IS NOT BROUGHT PRIMARI-
LY  FOR  THE  PURPOSE  OF BILL COLLECTION OR RESOLVING A BILL COLLECTION
DISPUTE;
  S 6. Subparagraph (xi) of paragraph 5 of subdivision  (c)  of  section
81.09  of  the mental hygiene law, as amended by chapter 438 of the laws
of 2004, is amended to read as follows;
  (xi) has the person alleged to be incapacitated made  any  appointment
or  delegation  pursuant  to  [section  5-1501, 5-1505, or 5-1506] TITLE
FIFTEEN OF ARTICLE FIVE of the  general  obligations  law,  section  two
thousand nine hundred sixty-five or two thousand nine hundred eighty-one
of the public health law, or a living will;
  S  7.  Paragraph  1  of subdivision (d) of section 81.19 of the mental
hygiene law, as added by chapter 698 of the laws of 1992, is amended  to
read as follows:
  1.  any  appointment  or  delegation  made by the person alleged to be
incapacitated in accordance with  the  provisions  of  [section  5-1501,
5-1601  or  5-1602]  TITLE  FIFTEEN OF ARTICLE FIVE of the general obli-
gations law and sections two thousand nine hundred  sixty-five  and  two
thousand nine hundred eighty-one of the public health law;
  S  8.  Subdivision  (e) of section 81.19 of the mental hygiene law, as
added by chapter 698 of the laws of 1992, is amended to read as follows:
  (e) [Unless the court finds that no other  person  or  corporation  is
available  or  willing to act as guardian, or to provide needed services
for the incapacitated person, the] THE following persons or corporations
may not serve as guardian:
  1. one whose only interest in the person alleged to  be  incapacitated
is that of a creditor;
  2. one, other than a relative, who is a provider, or the employee of a
provider,  of  [health  care,]  day  care[, educational,] or residential
services to the incapacitated person, whether direct or indirect.

S. 4642                             3

  S 9. Paragraph 2 of subdivision (b) of section  81.22  of  the  mental
hygiene  law, as added by chapter 698 of the laws of 1992, is amended to
read as follows:
  2.  revoke  any  appointment  or  delegation made by the incapacitated
person pursuant to [sections 5-1501, 5-1601 and 5-1602] TITLE FIFTEEN OF
ARTICLE FIVE of the general obligations law, sections two thousand  nine
hundred  sixty-five  and  two  thousand  nine  hundred eighty-one of the
public health law, or any living will.
  S 10. Subdivision (d) of section 81.29 of the mental hygiene  law,  as
amended  by  chapter  176  of  the  laws  of 2008, is amended to read as
follows:
  (d) If the court determines  that  the  person  is  incapacitated  and
appoints  a  guardian, the court may modify, amend, or revoke any previ-
ously executed appointment, power, or delegation under [section  5-1501,
5-1505,  or  5-1506]  TITLE FIFTEEN OF ARTICLE FIVE of the general obli-
gations law or section two  thousand  nine  hundred  sixty-five  of  the
public  health  law,  or section two thousand nine hundred eighty-one of
the public health law notwithstanding section two thousand nine  hundred
ninety-two  of  the  public  health law, or any contract, conveyance, or
disposition during lifetime or to take effect upon death,  made  by  the
incapacitated  person  prior  to  the appointment of the guardian if the
court finds that the previously executed appointment, power, delegation,
contract, conveyance, or disposition during lifetime or to  take  effect
upon  death, was made while the person was incapacitated or if the court
determines that there has been a breach of fiduciary duty by the  previ-
ously  appointed  agent. In such event, the court shall require that the
agent account to the guardian. The court shall not, however,  invalidate
or  revoke  a  will  or  a codicil of an incapacitated person during the
lifetime of such person.
  S 11. This act shall take effect on  the  one  hundred  eightieth  day
after  it shall have become a law, provided that, effective immediately,
any rules and regulations necessary to implement the provisions of  this
act on its effective date are authorized and directed to be completed on
or before such date.

co-Sponsors

2015-S4642A (ACTIVE) - Details

See Assembly Version of this Bill:: A6510
Current Committee:: Senate Mental Health And Developmental Disabilities
Law Section:: Mental Hygiene Law
Laws Affected:: Amd Ment Hyg L, generally
Versions Introduced in Other Legislative Sessions:: 2017-2018: S4083, A1350
2019-2020: S4722, A5609
2021-2022: S3523, A2536
2023-2024: S8133, A3772

2015-S4642A (ACTIVE) - Summary

2015-S4642A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4642A

TITLE OF BILL:  An act to amend the mental hygiene law, in relation to
requiring petitioners for appointment of a guardian to identify other
persons who may be able to manage the affairs of an incapacitated
person PURPOSE:  This legislation would prevent the use of the
guardianship law for the primary purpose of bill collection and would
correct erroneous cross references to the power of attorney law.

SUMMARY OF PROVISIONS::

Section 1 of the bill amends subdivision (e) of Section 81.03 of the
Mental Hygiene Law to expand the list of available resources, people
who would be served notice of a guardianship petition including family
members, people granted legal authority to manage the personal,
medical and/or financial affairs of the alleged incapacitated person
and persons or entities that have demonstrated a genuine interest in
promoting the best interests of the alleged incapacitated person
(AIP).

Section 2 of the bill amends paragraph 7 of subdivision (a) of Section
81.06 of the Mental Hygiene Law to prevent nursing homes from filing
guardianship petitions where the petition is brought primarily for
purposes of bill collection or resolving a bill collection dispute.

Section 4 of the bill amends paragraph 14, of subdivision (a) of

section 81.08 of the Mental Hygiene Law to require the petitioner to
provide information about the steps take to identify available
resources, along with an explanation for why such resources are not
sufficient or reliable to meet the AIP's needs without the appointment
of a guardian.

Section 5 of the bill amends subdivision (a) of section 81.08 of the
Mental Hygiene Law by renumbering paragraph 15 and adding new
paragraphs 15, 16 and 17 that enhance the pleading requirements of a
guardianship petition relating to available resources considered. The
new paragraphs require the petitioner to provide information to the
court about the available guardianship resources considered by the
petitioner, information about any documents known to the petitioner
that grant such resources legal authority to manage the affairs of the
AIP, where

We have also heard concerns from disability advocates that nursing
homes may also refuse to recognize the legal rights of relatives under
health care proxies or powers of attorney.

This proposal would help ensure that nursing home facilities do not
file guardianship petitions primarily as a means of resolving bill
disputes  It will also dissuade such facilities from circumventing the
intent of the incapacitated person by making it harder for them to
deny, without legitimate basis, the legal rights of relatives, friends
or others with lawfully executed appointments or delegations made by
the alleged incapacitated person to meet his/her needs.

LEGISLATIVE HISTORY: New bill, 2015.

FISCAL IMPLICATIONS: None.


EFFECTIVE DATE:  This act shall take effect on the one hundred
eightieth day after it shall have become law.

2015-S4642A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4642--A
    Cal. No. 496

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              April 1, 2015
                               ___________

Introduced  by  Sens.  GOLDEN, SERINO -- read twice and ordered printed,
  and when printed to be committed to the Committee on Mental Health and
  Developmental Disabilities -- reported favorably from said  committee,
  ordered  to  first  and  second  report,  ordered  to a third reading,
  amended and ordered reprinted, retaining its place  in  the  order  of
  third reading

AN  ACT  to amend the mental hygiene law, in relation to requiring peti-
  tioners for appointment of a guardian to identify  other  persons  who
  may be able to manage the affairs of an incapacitated person

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision (e) of section 81.03 of the mental hygiene law,
as amended by chapter 438 of the laws of 2004, is  amended  to  read  as
follows:
  (e) "available resources" means resources such as, but not limited to,
ALL  PERSONS  IDENTIFIED  IN SUBPARAGRAPHS (I) THROUGH (IV) OF PARAGRAPH
ONE OF SUBDIVISION (G) OF SECTION 81.07 OF THIS ARTICLE, visiting  nurs-
es,  homemakers,  home  health  aides,  adult  day care and multipurpose
senior citizen centers, powers of attorney, health care proxies, trusts,
representative and protective payees, and residential care facilities.
  S 2. Paragraph 7 of subdivision (a) of section  81.06  of  the  mental
hygiene  law,  as amended by chapter 438 of the laws of 2004, is amended
to read as follows:
  7. the chief executive officer, or the designee of the chief executive
officer, of a facility in which the person alleged to  be  incapacitated
is  a  patient  or  resident,  EXCEPT  FOR WHERE THE PETITION IS BROUGHT
PRIMARILY FOR PURPOSES OF BILL COLLECTION OR RESOLVING A BILL COLLECTION
DISPUTE.
  S 3. Subparagraph (iii) of paragraph 1 of subdivision (g)  of  section
81.07  of  the mental hygiene law, as amended by chapter 438 of the laws
of 2004, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD09900-05-5

S. 4642--A                          2

  (iii) any person or persons designated by  the  alleged  incapacitated
person  with authority pursuant to [sections 5-1501, 5-1505, and 5-1506]
TITLE FIFTEEN OF  ARTICLE  FIVE  of  the  general  obligations  law,  or
sections  two  thousand  nine hundred five and two thousand nine hundred
eighty-one of the public health law, if known to the petitioner; and
  S  4.  Paragraph  14 of subdivision (a) of section 81.08 of the mental
hygiene law, as added by chapter 698 of the laws of 1992, is amended  to
read as follows:
  14.  the available resources, if any, that have been considered by the
petitioner, THE STEPS TAKEN TO IDENTIFY  AVAILABLE  RESOURCES,  and  the
petitioner's  opinion as to [their sufficiency and reliability] WHY SUCH
RESOURCES ARE NOT SUFFICIENT OR RELIABLE  ENOUGH  TO  MEET  THE  ALLEGED
INCAPACITATED PERSON'S NEEDS WITHOUT THE APPOINTMENT OF A GUARDIAN;
  S  5.  Paragraph  15 of subdivision (a) of section 81.08 of the mental
hygiene law is renumbered paragraph 18, and three new paragraphs 15,  16
and 17 are added to read as follows:
  15.  FOR  ALL  AVAILABLE  RESOURCES  CONSIDERED BY THE PETITIONER, THE
NAME, ADDRESS, TELEPHONE NUMBER ALONG WITH ANY  OTHER  CONTACT  INFORMA-
TION, RELATIONSHIP TO THE ALLEGED INCAPACITATED PERSON AND ANY DOCUMENTS
KNOWN TO THE PETITIONER THAT GRANT THE AVAILABLE RESOURCE LEGAL AUTHORI-
TY  TO  MANAGE  THE  PERSONAL,  MEDICAL  AND/OR FINANCIAL AFFAIRS OF THE
ALLEGED INCAPACITATED PERSON;
  16. IF THE PETITIONER SEEKS TO REVOKE ANY LAWFULLY  EXECUTED  APPOINT-
MENT  OR DELEGATION MADE BY THE ALLEGED INCAPACITATED PERSON PURSUANT TO
TITLE FIFTEEN OF ARTICLE FIVE OF THE GENERAL  OBLIGATIONS  LAW,  SECTION
TWENTY-NINE  HUNDRED SIXTY-FIVE OR TWENTY-NINE HUNDRED EIGHTY-ONE OF THE
PUBLIC HEALTH LAW, OR ANY LIVING WILL,  THE  PETITION  SHALL  SET  FORTH
SPECIFIC REASONS FOR THE REVOCATION;
  17. AN AFFIRMATIVE STATEMENT THAT THE PETITION IS NOT BROUGHT PRIMARI-
LY  FOR  THE  PURPOSE  OF BILL COLLECTION OR RESOLVING A BILL COLLECTION
DISPUTE;
  S 6. Subparagraph (xi) of paragraph 5 of subdivision  (c)  of  section
81.09  of  the mental hygiene law, as amended by chapter 438 of the laws
of 2004, is amended to read as follows;
  (xi) has the person alleged to be incapacitated made  any  appointment
or  delegation  pursuant  to  [section  5-1501, 5-1505, or 5-1506] TITLE
FIFTEEN OF ARTICLE FIVE of the  general  obligations  law,  section  two
thousand nine hundred sixty-five or two thousand nine hundred eighty-one
of the public health law, or a living will;
  S  7.  Paragraph  1  of subdivision (d) of section 81.19 of the mental
hygiene law, as added by chapter 698 of the laws of 1992, is amended  to
read as follows:
  1.  any  appointment  or  delegation  made by the person alleged to be
incapacitated in accordance with  the  provisions  of  [section  5-1501,
5-1601  or  5-1602]  TITLE  FIFTEEN OF ARTICLE FIVE of the general obli-
gations law and sections two thousand nine hundred  sixty-five  and  two
thousand nine hundred eighty-one of the public health law;
  S  8. The opening paragraph of subdivision (e) of section 81.19 of the
mental hygiene law, as added by chapter 698 of  the  laws  of  1992,  is
amended to read as follows:
  [Unless  the court finds that no other person or corporation is avail-
able or willing to act as guardian, or to provide  needed  services  for
the incapacitated person, the] THE following persons or corporations may
not serve as guardian:

S. 4642--A                          3

  S  9.  Paragraph  2  of subdivision (b) of section 81.22 of the mental
hygiene law, as added by chapter 698 of the laws of 1992, is amended  to
read as follows:
  2.  revoke  any  appointment  or  delegation made by the incapacitated
person pursuant to [sections 5-1501, 5-1601 and 5-1602] TITLE FIFTEEN OF
ARTICLE FIVE of the general obligations law, sections two thousand  nine
hundred  sixty-five  and  two  thousand  nine  hundred eighty-one of the
public health law, or any living will.
  S 10. Subdivision (d) of section 81.29 of the mental hygiene  law,  as
amended  by  chapter  176  of  the  laws  of 2008, is amended to read as
follows:
  (d) If the court determines  that  the  person  is  incapacitated  and
appoints  a  guardian, the court may modify, amend, or revoke any previ-
ously executed appointment, power, or delegation under [section  5-1501,
5-1505,  or  5-1506]  TITLE FIFTEEN OF ARTICLE FIVE of the general obli-
gations law or section two  thousand  nine  hundred  sixty-five  of  the
public  health  law,  or section two thousand nine hundred eighty-one of
the public health law notwithstanding section two thousand nine  hundred
ninety-two  of  the  public  health law, or any contract, conveyance, or
disposition during lifetime or to take effect upon death,  made  by  the
incapacitated  person  prior  to  the appointment of the guardian if the
court finds that the previously executed appointment, power, delegation,
contract, conveyance, or disposition during lifetime or to  take  effect
upon  death, was made while the person was incapacitated or if the court
determines that there has been a breach of fiduciary duty by the  previ-
ously  appointed  agent. In such event, the court shall require that the
agent account to the guardian. The court shall not, however,  invalidate
or  revoke  a  will  or  a codicil of an incapacitated person during the
lifetime of such person.
  S 11. This act shall take effect on  the  one  hundred  eightieth  day
after  it shall have become a law, provided that, effective immediately,
any rules and regulations necessary to implement the provisions of  this
act on its effective date are authorized and directed to be completed on
or before such date.

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Senate Bill S4642A

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Sponsored By

Martin J. Golden

Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities Committee

Bill Amendments

co-Sponsors

Susan Serino

2015-S4642 - Details

2015-S4642 - Summary

2015-S4642 - Sponsor Memo

2015-S4642 - Bill Text download pdf

co-Sponsors

Susan Serino

2015-S4642A (ACTIVE) - Details

2015-S4642A (ACTIVE) - Summary

2015-S4642A (ACTIVE) - Sponsor Memo

2015-S4642A (ACTIVE) - Bill Text download pdf

Comments