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

1 Co-sponsor

• Susan Serino

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.