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Bill > A07469


NY A07469

NY A07469
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.


summary

Introduced
03/28/2025
In Committee
03/28/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 General Assembly

Bill Summary

AN ACT to amend the mental hygiene law, in relation to requiring petitioners for appointment of a guardian to identify other persons who may be able to manage the affairs of an incapacitated person

AI Summary

This bill modifies the Mental Hygiene Law to enhance the process of appointing guardians for incapacitated persons by requiring petitioners to comprehensively identify and document potential alternative resources for managing the incapacitated person's affairs. The bill mandates that petitioners must identify all potential persons who could manage the affairs of the incapacitated individual, including family members, friends, or other legally authorized representatives, and provide detailed contact information and documentation about their legal authority. Importantly, the bill explicitly prohibits filing a guardianship petition primarily for bill collection purposes, ensuring that guardianship is sought for genuine care and management needs. The legislation requires petitioners to explain why identified alternative resources are insufficient to meet the incapacitated person's needs, and adds new requirements such as providing specific details about considered resources, explaining any potential revocation of existing legal appointments, and affirming that the petition is not motivated by bill collection. These changes aim to protect the rights of incapacitated individuals by ensuring a thorough and thoughtful approach to guardianship, with a focus on finding the most appropriate and least restrictive management of their personal, medical, and financial affairs.

Committee Categories

Justice

Sponsors (6)

Last Action

referred to judiciary (on 03/28/2025)

bill text


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