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Sponsors
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History
- Signed chap.260
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading cal.474
- Substituted for A6139
- Referred to judiciary
- Delivered to assembly
- Passed senateVote 62–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.182
Show 1 earlier action
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Increases the time a court has to confirm the appointment of a standby guardian from sixty to one hundred eighty days
Assembly Floor Calendar · Sponsor James F. Brennan
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the surrogate's court procedure act, in relation to the confirmation of standby guardians
Summary of specific provisions
This bill amends section 1757 of the Surrogate's Court Procedure Act to increase to 180 days the period the court has to approve of a standby guardian's permanent authority as guardian upon the death, incapacity or resignation of the primary guardian. Currently, the standby guardian can act as guardian for only 60 days after the primary guardian's authority terminates.
Justification
The current period of 60 days fails to allow sufficient time for a court to approve a standby guardian's authority to permanently act as a guardian upon the death or incapacity of the permanent guardian. As a result, legal responsibility for the ward is in a state of legal limbo. This can be extremely problematic given a guardian's responsibilities for making critical decisions on behalf of individuals with developmental disabilities including health care decisions.
Court action is by nature time consuming. However in these instances it is often further delayed when, as is often the case, individuals or not-for-profit corporations acting as standby guardians are not notified for weeks or months after the incapacity or death of the primary guardian. After the sixty day period, the standby guardian must file a full 17-A guardianship petition in order to be appointed by the court as the permanent guardian. The requirement for a full petition is costly and further delays appointment of a new primary guardian.
Primary guardians, often parents, appoint individuals they trust to act as a standby guardian for their loved one to ensure protection of their best interests. This bill would make it easier for individuals trusted by parents or family members to make critical decisions when they are no longer capable to do so.
Prior legislative history
New bill.
Fiscal implications to state and local government
None.
Effective date
Immediately upon enactment.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.