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NY A05609

Bill

Status

Engrossed

7/21/2020

Primary Sponsor

Helene Weinstein

Click for details

Origin

Assembly

2019-2020 General Assembly

AI Summary

  • Requires petitioners for guardianship appointments to identify and document all available resources and persons who could manage the incapacitated person's affairs, including powers of attorney holders, healthcare proxies, and other legally authorized representatives.

  • Mandates petitioners provide specific details about available resources including names, addresses, contact information, relationship to the incapacitated person, and documents granting them legal authority.

  • Prohibits guardianship petitions brought primarily for bill collection purposes and requires petitioners to provide specific reasons if seeking to revoke existing powers of attorney, healthcare proxies, or living wills.

  • Removes the exception allowing facilities to petition for guardianship when no other resources are available, except for establishing Medicaid eligibility when no other legally authorized resources exist.

  • Eliminates the conditional language that allowed disqualified persons to serve as guardian if no other person or corporation was available, making such disqualifications absolute.

Legislative Description

Requires the petitioner for appointment as the guardian for an incapacitated person to identify all other persons who may be able to manage the affairs of such incapacitated person; prohibits appointment solely for the purposes of bill collection or resolving a bill collection dispute.

Last Action

REFERRED TO RULES

7/21/2020

Committee Referrals

Rules7/21/2020
Rules7/14/2020
Judiciary2/14/2019

Full Bill Text

No bill text available