What's happening
This bill allows courts to waive or add annual reporting requirements for guardians based on their past compliance.
Why it matters
Gives courts flexibility to tailor oversight. By allowing judges to waive or add reporting requirements, the bill recognizes that not all guardianships require the same level of supervision, potentially reducing unnecessary bureaucracy for those with strong compliance records.
Rewards consistent, responsible guardians. Guardians who have faithfully submitted reports for several years without problems could be relieved of some paperwork, acknowledging their reliability and reducing their administrative burden.
Allows for enhanced oversight when needed. Judges can also impose additional reporting requirements if there are concerns about a guardian's performance, which helps protect vulnerable individuals under guardianship.
May improve efficiency in the court system. By focusing resources on cases where oversight is most needed, courts and guardianship monitoring staff can potentially spend more time addressing problematic cases, improving overall outcomes.
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Who cares
Headline styles
Ease Guardian Reporting Rules
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to mental health and developmental disabilities
- 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.
Ease Guardian Reporting Rules
In Assembly Committee · Judiciary · Sponsor Brian Barnwell
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3076
2019-2020 Regular Sessions
IN SENATE
February 1, 2019
Introduced by Sen. ADDABBO -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Developmental Disabilities
AN ACT to amend the mental hygiene law, in relation to annual reporting requirements for guardians in certain circumstances
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 81.31 of the mental hygiene law is amended by adding a new subdivision (f) to read as follows:
(f) The court may, in its discretion, waive some or all of the requirements of this section or impose additional requirements. In determining whether to waive specific reporting requirements, judges can give weight to the amount of years the guardian has previously submitted the required reports without issue.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02206-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the mental hygiene law, in relation to annual reporting requirements for guardians in certain circumstances
Purpose
To grant discretion to the court to ease annual reporting requirements for guardians in very limited circumstances.
Summary of provisions
81.31 of the New York State Mental Hygiene Law will add a new section (f) that will read:
The court may, in its discretion, waive some or all of the requirements of this section or impose additional requirements. In determining wheth- er to waive specific reporting requirements, judges can give weight to the amount of years the guardian has previously submitted the required reports without issue.
Justification
Article 81.31 discusses various requirements that every guardian must file annually. These requirements are set up to protect the "incapaci- tated" person. While these requirements must be retained, longtime spouses and guardians often complain that these requirements are very burdensome to comply with. These requirements must be retained to protect the well-being of the incapacitated individual; however there must also be a remedy for longtime spouses and guardians to at least petition the court in attempt to ease the burden of the reporting requirements. This bill will help ease the burden ONLY if a judge deter- mines such a burden should be eased due to the severe hardship of the guardian. The requirements should be eased only in the most severe circumstances (where the guardian suffers extreme hardship in complying with the annual reporting requirements). Since the reporting require- ments are a check on the guardian to prove what they are doing is for the benefit of the incapacitated person, the judge must use extreme caution. Multiple provisions currently in Article 81 allow the court, in its discretion, to waive some or all of the requirements in particular sections. This bill will allow that discretion to the reporting require- ments.
Legislative history
2017: S5518 - REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES 2018: S5518 - REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
Fiscal impact
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.