New York S 6027: Requires the petitioner for appointment of a guardian for an incapacitated person to identify all other persons who may be able to manage the affairs of such incapacitated person

Bill Text

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S06027 Summary:

BILL NOS06027 

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SAME ASSAME AS A07469

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SPONSORPARKER

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COSPNSR

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MLTSPNSR

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Amd Ment Hyg L, generally

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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.

Go to top S06027 Actions:

BILL NOS06027 

&nbsp

03/04/2025REFERRED TO MENTAL HEALTH

01/07/2026REFERRED TO MENTAL HEALTH

Go to topS06027 Committee&nbspVotes:

Go to topS06027 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS06027 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 6027

 2025-2026 Regular Sessions

 IN SENATE

 March 4, 2025
 ___________

 Introduced by Sen. PARKER -- read twice and ordered printed, and when
 printed to be committed to the Committee on Mental Health

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

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivision (e) of section 81.03 of the mental hygiene law,
 2 as amended by chapter 438 of the laws of 2004, is amended to read as
 3 follows:
 4 (e) "available resources" means resources such as, but not limited to,
 5 all persons identified in subparagraphs (i) through (iv) of paragraph
 6 one of subdivision (g) of section 81.07 of this article, visiting nurs-
 7 es, homemakers, home health aides, adult day care and multipurpose
 8 senior citizen centers, powers of attorney, health care proxies, trusts,
 9 representative and protective payees, and residential care facilities.
 10 § 2. Paragraph 7 of subdivision (a) of section 81.06 of the mental
 11 hygiene law, as amended by chapter 438 of the laws of 2004, is amended
 12 to read as follows:
 13 7. the chief executive officer, or the designee of the chief executive
 14 officer, of a facility in which the person alleged to be incapacitated
 15 is a patient or resident, except for where the petition is brought
 16 primarily for purposes of bill collection or resolving a bill collection
 17 dispute. Provided, however, where there is no other legally authorized
 18 or otherwise available resource, the chief executive officer, or desig-
 19 nee of the chief executive officer, of such facility described in this
 20 article may file a petition under this article where a guardian is need-
 21 ed to apply for or engage in planning necessary to establish eligibility
 22 for medical assistance as provided under title eleven of article five of
 23 the social services law for the benefit of the person alleged to be
 24 incapacitated.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08819-01-5

 S. 6027 2

 1 § 3. Subparagraph (iii) of paragraph 1 of subdivision (g) of section
 2 81.07 of the mental hygiene law, as amended by chapter 438 of the laws
 3 of 2004, is amended to read as follows:
 4 (iii) any person or persons designated by the alleged incapacitated
 5 person with authority pursuant to [sections 5-1501, 5-1505, and 5-1506]
 6 title fifteen of article five of the general obligations law, or
 7 [sections two thousand nine hundred five and] section two thousand nine
 8 hundred eighty-one of the public health law, if known to the petitioner;
 9 and
 10 § 4. Paragraph 14 of subdivision (a) of section 81.08 of the mental
 11 hygiene law, as added by chapter 698 of the laws of 1992, is amended to
 12 read as follows:
 13 14. the available resources, if any, that have been considered by the
 14 petitioner, the steps taken to identify available resources, and the
 15 petitioner's opinion as to [their sufficiency and reliability] why such
 16 resources are not sufficient or reliable enough to meet the alleged
 17 incapacitated person's needs without the appointment of a guardian;
 18 § 5. Paragraph 15 of subdivision (a) of section 81.08 of the mental
 19 hygiene law is renumbered paragraph 18, and three new paragraphs 15, 16
 20 and 17 ar