Bill > A08760

This bill amends the Surrogate's Court Procedure Act by removing the provision that previously allowed courts to declare a person ineligible to act as a fiduciary solely because they are unable to read and write the English language. Currently, courts have the discretion to determine a person's eligibility to serve as a fiduciary (a legal term for someone entrusted to manage assets or make decisions on behalf of another person, such as an executor of a will or a guardian) based on certain criteria. The bill specifically eliminates the language barrier as a disqualifying factor, while maintaining the court's ability to prevent individuals convicted of felonies that could potentially harm an estate from serving in a fiduciary role. This change aims to prevent discrimination based on language proficiency and ensure that individuals are evaluated on their overall competence and trustworthiness rather than their English language skills.

Justice

https://www.nysenate.gov/legislation/bills/2025/A8760