Senate Bill S5482

Signed By Governor
2015-2016 Legislative Session

Clarifies the effect of registering an order appointing a guardian of another person or protective order from another state

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A7596 - Signed by Governor


  • 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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2015-S5482 (ACTIVE) - Details

See Assembly Version of this Bill:
A7596
Law Section:
Mental Hygiene Law
Laws Affected:
Amd ยงยง83.03 & 83.39, Ment Hyg L

2015-S5482 (ACTIVE) - Summary

Clarifies the effect of registering an order appointing a guardian of another person or protective order from another state.

2015-S5482 (ACTIVE) - Sponsor Memo

2015-S5482 (ACTIVE) - Bill Text download pdf

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

                                  5482

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 2015
                               ___________

Introduced  by  Sen.  HANNON -- 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  the  effect  of
  registration  for  purposes of the uniform guardianship and protective
  proceedings jurisdiction act

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

  Section 1. Subdivision (i) of section 83.03 of the mental hygiene law,
as  added  by  chapter  427  of  the laws of 2013, is amended to read as
follows:
  (i) "Protective order" means an order appointing a conservator, guard-
ian of the property or other order related to management of  an  adult's
property.
  S  2. Section 83.39 of the mental hygiene law, as added by chapter 427
of the laws of 2013, is amended to read as follows:
S 83.39 Effect of registration.
  (a) Upon registration of an order appointing a guardian of the  person
or  protective  order  from another state, the guardian of the person or
guardian of the property may exercise in this state all  powers  author-
ized in the order of appointment OR PROTECTIVE ORDER except as prohibit-
ed  under  the  laws  of  this state[, including maintaining actions and
proceedings in this state and selling real property] and, if the guardi-
an of the person or guardian of the property is not a resident  of  this
state, subject to any conditions imposed upon nonresident parties.
  (b)  A  court  of this state may grant any relief available under this
article and other law of this state to enforce a registered order.
  (C) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, UPON  REGIS-
TRATION  OF  AN  ORDER APPOINTING A GUARDIAN OF THE PERSON OR PROTECTIVE
ORDER FROM ANOTHER STATE, THE GUARDIAN OF THE PERSON OR GUARDIAN OF  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10986-02-5

              

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