What's happening
This bill updates the requirements for annual evaluations in the community guardianship program, expanding who can conduct them and notifying the court of results.
Why it matters
Expands eligibility for evaluators. The bill allows not just psychiatrists and psychologists, but also physicians, nurse clinicians, social workers, and other qualified professionals to conduct annual evaluations. This could make the process more flexible and responsive to individual needs.
Potentially increases oversight and accountability. By requiring annual statements on the person’s condition and functional level, and mandating that the court be notified of the results, the bill aims to ensure ongoing judicial oversight and timely adjustments to guardianship arrangements.
Reduces barriers to timely evaluations. By eliminating the requirement for two specialized mental health professionals and allowing a broader group of healthcare providers to perform the evaluations, the bill could reduce delays and administrative burdens within the guardianship system.
Ensures evaluator independence. The bill specifically states that evaluators cannot be affiliated with the community guardian program, helping to maintain objectivity and avoid conflicts of interest in assessments.
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Who cares
Headline styles
Update Guardianship Evaluation Rules
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Signed chap.579
- Delivered to governor
- Returned to assembly
- Passed senateVote 62–0
- 3rd reading cal.1688
- Substituted for S4285A
- Committed to rules
- Returned to senate
- Repassed assembly
- Amended on third reading 4109b
- Vote reconsidered - restored to third reading
- Returned to assembly
Show 9 earlier actions
- Recalled from senate
- Referred to aging
- Delivered to senate
- Passed assembly
- Advanced to third reading cal.114
- Reported
- Print number 4109a
- Amend and recommit to mental health
- Referred to mental health
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.
Update Community Guardianship Reviews
Senate Floor Calendar · Sponsor David Carlucci
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4109--B Cal. No. 114
2019-2020 Regular Sessions
IN ASSEMBLY
February 1, 2019
Introduced by M. of A. GUNTHER -- read once and referred to the Committee on Mental Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- advanced to a third reading, passed by Assembly and delivered to the Senate, recalled from the Senate, vote reconsidered, bill amended, ordered reprinted, retaining its place on the order of third reading
AN ACT to amend the social services law, in relation to the community guardianship program
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (g) of subdivision 3 of section 473-d of the social services law, as added by chapter 846 of the laws of 1986 and such section as renumbered by chapter 395 of the laws of 1995, is amended to read as follows:
(g) the community guardian program shall obtain [annual assessments from two qualified psychiatrists or one qualified psychiatrist and one qualified psychologist who are independent of the community guardian program of persons for whom it serves as committee or conservator to determine whether continuation of the guardianship is necessary, and the appointing court shall be informed of the results of such assessments and may discharge the community guardian program as conservator or committee pursuant to sections 77.35 and 78.27 of the mental hygiene law] annually a statement prepared by a physician, psychologist, nurse clinician, or social worker, or other person evaluating the condition and functional level of a person for whom the community guardian program serves as guardian pursuant to paragraph five of subdivision (b) of section 81.31 of the mental hygiene law and the appointing court shall be informed of the results of such evaluation or examination and may discharge or modify the powers of the guardian pursuant to section 81.36 of the mental hygiene law. The person conducting the evaluation pursuant to this paragraph shall not be affiliated with a community guardian program and shall be acting within their lawful scope of practice as established under the education law;
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05899-04-9
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.