NY A07469

Expands the definition of "available resources" for incapacitated persons to explicitly include family members, agents under power of attorney, health care proxies, and other designated individuals who could potentially manage the person's affairs

Prohibits facility executives from filing guardianship petitions primarily for bill collection purposes, though they may still petition when no other resources exist and a guardian is needed to establish Medicaid eligibility

Requires petitioners to document the steps taken to identify available resources and explain specifically why those resources are insufficient to meet the incapacitated person's needs without appointing a guardian

Mandates petitions include contact information for all considered available resources, their relationship to the incapacitated person, and any documents granting them legal authority over personal, medical, or financial affairs

Requires petitioners to provide specific reasons if seeking to revoke any existing power of attorney, health care proxy, or living will, and to affirm the petition is not brought primarily for bill collection purposes

Takes effect 180 days after becoming law