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History
- Substituted by A7596
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1324
- Referred to mental health and developmental disabilities
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.
Clarifies the effect of registering an order appointing a guardian of another person or protective order from another state
Signed by Governor · Sponsor Helene Weinstein
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S5482
Title of bill
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
Purpose
To clarify provisions adopted as part of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act of 2013 relating to the right of guardians appointed in other states to appear in New York courts and dispose of real estate.
Summary of provisions
Section 1 amends section 83.03 to make a technical correction by adding a comma
Section 2 amends section 83.39 of the mental hygiene law to make it clear that an adult guardian appointed in another state, if authorized to do so by the appointing court, could appear in New York courts. It also clarifies that all "protective orders" not just orders appointing a guardian of the property or a guardian of the person, are enforceable pursuant to this section of law. Protective orders are already defined in section 83.03(i) to mean an order appointing a conservator guardian of the property or other order related to management of an adult's property, yet protective orders were inadvertently left out of section 83.39. Finally, it clarifies that adult guardians appointed in another state may use the same procedure to obtain authority to sell real property in New York that guardians appointed in New York use without first having to go through the duplicative process of having to be appointed a guardian in New York.
Section 3 - Effective date.
Justification
By Chapter 427 of the laws of 2013 New York joined some thirty other states in adopting the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA. The law, which became effective on April 21, 2014, establishes a uniform set of rules for determining jurisdiction, and thus, simplifies the process for determining jurisdiction between multiple states in adult guardianship cases. It also establishes a framework that allows state court judges in different states to communicate with each other about adult guardianship cases. By adopting the UAGPPJA, the New York State court system avoids costly duplicative guardianship cases and people are better served.
This legislation makes minor, technical clarifying amendments to New York State's UAGPPJA which reflect the original intent. It makes clear that an adult guardian appointed in another state, if authorized to do so by the appointing court, can appear in New York courts and is authorized to sell real estate, using the same process as NY appointed guardians, without having to go through a duplicative NY guardianship process.
Legislative history
New bill.
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.