What's happening
This bill removes the requirement that a petitioner must have a chronic or fatal illness to appoint a standby guardian for an infant.
Why it matters
Expands who can petition for a standby guardian. By removing the requirement that a petitioner must have a chronic or fatal illness, the bill allows any parent or guardian—regardless of health status—to proactively appoint a standby guardian for their child. This broadens access to legal protections for children.
Increases flexibility for families facing various challenges. Not all situations that might necessitate a standby guardian are related to illness (e.g., deployment, incarceration, or other unpredictable circumstances). This change recognizes and accommodates a wider range of family needs and emergencies.
Reduces potential legal delays and barriers. Previously, parents had to prove they were seriously ill before a court could appoint a standby guardian. This bill streamlines the process, potentially allowing for quicker decisions in the best interests of the child, without invasive or time-consuming medical documentation.
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Who cares
Headline styles
Ease Standby Guardian Rules
Plain English, a few words. Used as the page title.
Sponsors
Assembly Member · Assembly District 127
No co-sponsors yet.
History
- Referred to judiciary
- Referred to judiciary
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
448
2017-2018 Regular Sessions
IN ASSEMBLY
January 9, 2017
Introduced by M. of A. STIRPE -- read once and referred to the Committee on Judiciary
AN ACT to amend the surrogate's court procedure act, in relation to requirements for a petition for a judicial appointment of a standby guardian of an infant; and to repeal subparagraph (ii) of paragraph (b) of subdivision 3 of section 1726 of the surrogate's court procedure act, relating thereto
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subparagraph (i) of paragraph (d) of subdivision 3 of section 1726 of the surrogate's court procedure act, as amended by chapter 632 of the laws of 2003, is amended to read as follows:
(i) If the court finds that the [petitioner suffers from a progressively chronic illness or an irreversibly fatal illness and that the] interests of the infant will be promoted by the appointment of a standby guardian of the person and/or property it must make a decree accordingly.
§ 2. Subparagraph (ii) of paragraph (b) of subdivision 3 of section 1726 of the surrogate's court procedure act is REPEALED.
§ 3. This act shall take effect on the ninetieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04734-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.