What's happening
This bill removes specific health and administrative requirements for appointing a standby guardian for an infant, broadening eligibility.
Why it matters
Removes the requirement. that a petitioner must have a progressively chronic or irreversibly fatal illness, or be facing administrative separation, to appoint a standby guardian—making it easier for more caregivers to secure guardianship plans for their children.
Shifts the court’s focus. to the best interests of the infant, rather than the specific circumstances or health status of the petitioner, potentially increasing flexibility and responsiveness to a wider range of family situations.
Could provide peace of mind and legal protection. to a broader array of parents and guardians (such as those planning for future uncertainties, not just illness or separation), ultimately supporting more stable care arrangements for vulnerable children.
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Who cares
Headline styles
Ease Guardian Appointment 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
540
2019-2020 Regular Sessions
IN ASSEMBLY (Prefiled)
January 9, 2019
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 79 of the laws of 2018, 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, or finds that the petitioner may become subject to administrative separation, 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.
LBD00661-01-9
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.